ANDY WARHOL 14 SMALL ELECTRIC CHAIRS REVERSAL SERIES Following directly after Lot 48 of Post-War & Contemporary Art, starting at 4pm Thursday 11 February 2016 101 New Bond Street, London
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49 * ANDY WARHOL (1928 - 1987)
14 Small Electric Chairs Reversal Series 1980 signed, dated 1980, inscribed 14 small colored electric chairs reversal series and with the Andy Warhol Art Authentication Board stamp and number A117.103 on the overlap silkscreen ink and polymer paint on canvas 202.5 by 81.8 cm. 79 3/4 by 32 3/16 in.
£ 4,000,000 - 6,000,000 US$ 5,800,000 - 8,700,000 € 5,400,000 - 8,000,000 This work is accompanied by a certificate of authenticity from the Andy Warhol Art Authentication Board, Inc., New York. Provenance Galerie Bruno Bischofberger, Zurich Private Collection, Europe Private Collection, USA Acquired from the above by the present owner Exhibited Zurich, Galerie Bruno Bischofberger, Reversal Series, 1980 Vienna, Museum moderner Kunst – Museum des 20. Jahrhunderts, Warhol '80, Serie Reversal, 1981 Hamburg, Kunstverein, Andy Warhol, 1987, p. 50, no. 25, illustrated in colour Hamburg, Deichtorhallen Hamburg; Stuttgart, Württembergischer Kunstverein, Andy Warhol Retrospektiv, 1993-1994, p. 129, illustrated in colour Seoul, Ho-Am Art Gallery, Andy Warhol: Pop Art's Superstar, 1994 Zurich, Galerie Bruno Bischofberger, Chairs, 2006 Literature Neil Printz and Remo Guidieri, Andy Warhol: death and disaster, Houston 1988, p. 20, illustrated in black and white
14 SMALL ELECTRIC CHAIRS REVERSAL SERIES EMBODIES NOTHING LESS THAN A TWENTIETH-CENTURY VISION OF THE SUBLIME Ambitious in both its scale and its intentions, 14 Small Electric Chairs Reversal Series, executed by Andy Warhol in 1980, offers a rare opportunity to witness the artist at his most profound. Employing his signature technique of multiple repetition, combined here with a vivid and playful palette, this work is instantly recognisable as a Warhol masterpiece and represents the opportunity to acquire a work of undeniable museum quality. Its subject matter, too, is familiar since the Electric Chair that is represented here could accurately be described as one of his most iconic images, similar Electric Chair works now reside in some of the world’s most prestigious public and private collections such as the Tate Gallery London, the Guggenheim Museum New York, The Menil Collection Houston, the Philadelphia Museum of Art, the San Francisco Museum of Modern Art and the Boston Museum of Fine Art. It was certainly an image that Warhol viewed as crucial to his own artistic development, as demonstrated by his return to it almost two decades after it first appeared in his work. At a stage in his career in which he was already recognised as a modern master, Warhol took the decision to revisit the iconography which had first made his name, producing new versions of his most influential and ground-breaking early canvases. In 14 Small Electric Chairs Reversal Series we find Warhol referencing Warhol, revisiting a series which had first established him as a name to be reckoned with, adding artistic maturity to it in the process. A large canvas which combines arresting visuals with weighty allusion, this painting is both aesthetically and psychologically engaging; sombre yet colourful, uncanny yet beautiful, 14 Small Electric Chairs Reversal Series embodies nothing less than a Twentieth-Century vision of the sublime.
安迪·沃霍尔在1980年制的《14把小电椅》不论是作品规模还是寓意上都表现出他 庞大的野心。作品运用沃霍尔标志性的重复影像手法，结合活泼生动的色彩，表现 罕有并意义深远的主题。此作品乃沃霍尔的代表作之一，极具成为顶级博物馆收藏 的潜质。作品主题来自沃霍尔早期为人熟知的《电椅》系列。类似于《电椅》的作 品现藏於世界各地公共和私人博物馆收藏，如伦敦泰特美术馆丶费城艺术博物馆丶 旧金山现代艺术博物馆和波士顿美术博物馆。毫无疑问，沃霍尔视这作品为自己艺 术发展生涯中的重要里程碑。当沃霍尔已被公认为现代艺术大师时，他决定回归到 他的二十年前的创作题材，为这最具影响力和开创性的早期作品重新创作。在《14 把小电椅》中，我们发现沃霍尔引用自己的作品。他以其早期成名系列为基础，在 再创作的过程中为作品加入成熟的技法及艺术性。巨大的画布上布满醒目的视觉效 果及严肃的隐喻，让它同时在美感和精神上给人带来冲击，阴暗而多彩，诡异却不 失美丽。《14把小电椅》把二十世纪视觉的庄严感及敬畏感体现得淋漓尽致。
It is the size of this painting which first grabs your attention. At over two metres high, 14 Small Electric Chairs Reversal Series towers above its audience, its vertical composition pulling the eye ever upwards. Bringing to mind the skyscrapers of Warhol’s own beloved New York, it climbs heavenwards with a steady, almost classical regularity, image after image, on and on. Then it is the colour which attracts the eye, from burning orange to rich emerald to warm purple, illuminating the canvas with a dazzling polychrome array. Finally it is the subject matter itself which emerges, familiar and yet strangely different. Its tones reversed, 14 Small Electric Chairs Reversal Series presents us with an image of radiant intensity, darkness converted into intense light, and vice versa. Only when all of these elements come together can the true power of this important painting be appreciated. Lofty and commanding, taller than a man, this is a work of art that makes its presence felt.
这幅画最引人注目的是其尺寸。《14把小电椅》的高度超过2米，远高于观众的身 高。这种直幅构图法令观众以仰望姿态面对作品。沃霍尔的安排不禁让人联想到他 所钟爱的纽约摩天大楼。跟这些大楼一样，他的作品以坚实牢固丶经典的规律性 形态，一层接一层，不断向上延伸，直插云霄。作品另一个吸引目光的元素就是色 彩，从活泼的橙色到饱满的祖母绿，再到温暖的紫色，令人炫目的色彩组合让整块 画布绚丽生辉。作品主体本身带给人一种既熟悉又陌生的感觉。《14把小电椅》利 用色调的逆转，将黑暗转化为灼热的光亮，将灼热的光亮转化为黑暗，向我们展示 了一幅亮度极强的画作。只有当这些因素结合在一起的时候，我们才能感受到这幅 画作真正的力量。这幅画足一人多高，庄严雄伟，气场十足。
NO LONGER INTERESTED SOLELY IN THE AMERICAN WAY OF LIFE, WARHOL TURNED HIS ATTENTION TOWARDS THE AMERICAN WAY OF DEATH Warhol’s inspiration for the subject matter of this 14 Small Electric Chairs Reversal Series came from one of his most important early series, a group of canvases now known as his Death and Disaster paintings. Apparently believing that the artist needed a change of tack, something different from all of the Soup Cans and Coke bottles that he had been painting previously, Metropolitan Museum of Art curator Henry Geldzahler advised Warhol to move his work in a different, perhaps more profound direction. Geldzahler showed Warhol a shocking newspaper front page bearing the headline ‘129 DIE IN JET’, with a photograph of an air crash featured below. A painting using that newspaper front page as its subject was soon complete, and a new Warhol began to emerge; no longer interested solely in the American way of life, he now also turned his attention towards the American way of death. The series of around seventy works which developed from this pivotal encounter have been described as “the most powerful and searing works that Warhol ever made” (Keith Hartley, Warhol: A Celebration of Life...and Death, Edinburgh 2007, p. 51). Critics who had previously suspected him of being too low brow, over-obsessed with the mundanity of daily existence, realised that Warhol had more to say.
沃霍尔的《14把小电椅》的主题灵感来自其最重要的早期系列《死亡和灾难》。大 都会艺术博物馆馆长亨利·戈尔德扎勒当时认为这位艺术家需要尝试改变，他建议 沃霍尔画一些与他之前一直画的罐头和可乐瓶不同的东西，借此机会将艺术风格转 向另一个更具深刻含义的方向。戈尔德扎勒当时给沃霍尔看了一则令人震惊的头条 新闻，标题为“129人死于空难”，下面是一张飞机坠毁的照片。随后，以这则新闻 为主题的画作很快便完成了，而全新的沃霍尔也就此诞生；他不再只对美国人的生 存方式感兴趣，而将注意力转向了美国人的死亡。沃霍尔在这次重要会面后创作出 的大约70幅作品被称为“沃霍尔最具影响力和最能产生情感共鸣的作品”（基思· 哈特利，《沃霍尔：对生命……和死亡的欢庆》，苏格兰国家美术馆，2007年，第 51页）。那些曾经质疑他低俗丶对日常世俗生活过度痴迷的评论家终于意识到沃霍 尔还有更多想要表达的东西。
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“If you want to know all about Andy Warhol, just look at the surface of my paintings and films, and there I am.”
The artist in: Andy Warhol: My True Story, The East Village Other, 1 November 1966
Car wrecks, plane crashes, suicide, a Tunafish Disaster (in which two housewives were killed by tainted tinned tuna) and, of course, the Electric Chairs, these canvases dealt with loss, tragedy and destruction on many levels. The image used for the Electric Chair paintings was a press photograph of the death chamber in New York’s infamous Sing Sing correctional facility taken in 1953, when American spies Julius and Ethel Rosenberg were executed there for passing nuclear secrets to the Soviet Union. Death may be an everyday event, but in re-appropriating such shocking images, Warhol was selecting specific deaths which had been repackaged for public consumption: this was death as celebrity, and death as entertainment. The critics were won over, and the public too. Although it might be assumed that such unsettling subject matter would prove to be commercially problematic, in fact Warhol correctly predicted that his audience would be drawn to the macabre, and enjoy the catharsis of being unsettled or even horrified by such images.
在沃霍尔的画作中，有关车祸丶飞机失事丶自杀丶「金枪鱼灾难」（两个家庭主妇 死于被污染的金枪鱼罐头）-当然还有-「电椅」的主题作品，其实是在探讨人类不 同程度的失去丶悲伤和毁灭。这个「电椅」的系列作品，取材於一张1953年拍摄于 纽约恶名昭彰的辛辛监狱死刑室的新闻照片，当时美国的间谍朱利叶斯·罗森堡和 艾瑟尔·罗森堡，因向苏联传递核武机密在此被处死。死亡或许是每天都在发生的 事件，但透过重复的挪用这些令人震撼的图象，沃霍尔将死亡重新包装成可供大众 消费的内容－把死亡当作是公众人物，当作是大众娱乐。这个作品赢得了评论家的 赞许，也赢得了公众的好评。这样令人不安的主题，从商业角度来看或许会有些问 题，但其实是沃霍尔精确的预测了观众会被灾难的主题吸引，甚至会透过被这些图 像导致不安与恐慌的过程中，达到情绪的宣泄。
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I The original annotated source material for Warhol's 'Electric Chair' series, 1962-1963 Collection of The Andy Warhol Museum, Pittsburgh POST-WAR & CONTEMPORARY ART
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The early 1980s are now regarded as a period when Warhol’s oeuvre found a new vitality. This revived sense of purpose seems to have emerged largely thanks to the artist’s return to the iconic images he had used almost two decades before. During this period, he not only produced his Reversal series, which included 14 Small Electric Chairs Reversal Series of 1980, but also a group of paintings known as the Retrospectives. In reusing his Marilyns, his Flowers, his Self-portraits and his Electric Chairs, Warhol was not only referencing himself, but also identifying these as his most influential, significant and instantly recognisable images. Effectively becoming a curator of his own past output, Warhol selected, and then reproduced, only the best, re-appropriating those paintings which were also deservedly the most famous. In doing so, Warhol also subtly manipulated these iconic images, producing startling outcomes. While the Retrospectives grouped together classic Warhol images into huge single works, in the Reversal series the tonality of the images is reversed, creating an image not unlike a photographic negative. In 14 Small Electric Chairs Reversal Series this resemblance to a negative is made even more striking by the composition consisting of long strips of images. In these works, a well-known picture becomes something seemingly unfamiliar, and in the case of 14 Small Electric Chairs Reversal Series, even more poignant. In this painting, the reversal results in an austere electric chair emerging from an almost black background, the chair itself beaming out, x-ray like, from the surrounding gloom. Surely none of Warhol’s most famous images are better suited to the process of Reversal than this one, the electric chair buzzing and glimmering in a moment of electrifying tension. Warhol successfully lifts the surrounding darkness created by such a reversal with those eye-catching strokes of striking colour, adding a sense of vigour and creating unexpected relationships between areas of light and shadow. In asking the viewer to revisit an image from the past, Warhol compels us to re-examine and reassess, to take another look and discover new aesthetic approaches and responses.
当 今普遍认为，沃霍尔的作品在８０年代早期找到了新的生命力。作品中明确的目 的性似乎在此期复苏，这大多要归功於作者再次使用近二十年前自己作品中经典的 图像。在这个时期，他沿用了1980年的《14把小电椅》来创作《逆转》系列作品， 也创作了一系列名为《回顾》的画作。沃霍尔重新使用他的《玛丽莲·梦露》丶他 的花丶他的自画像丶和他的电椅，不仅是引用了自己的过去作品，也更确立了这些 主题其实就是自己最具影响力丶且最具辨识度的图像。沃霍尔成功的变成自己以往 作品的策展人，精挑细选丶重新复制其中最好丶最着名的创作，巧妙的利用这些经 典的图像，制作出令人惊艳的成品。在《回顾》作品中，作者汇聚了经典的「沃霍 尔图象」，将其变成一个巨幅作品。而在《逆转》系列作品中，他将图象的色彩逆 转，使其变成了有如底片的负片色调。在《14把小电椅》中，将图象以长条的方式 排列，更使这种与底片的相似性更加的强烈。在此时期的作品中，这些有名的图象 变的似乎有些难以辨认，在《14把小电椅》中更是如此。在这个作品中，逆转色彩 的手法使得朴素的电椅从近乎黑色的背景中凸显出来，椅子本身像X射线一样，从 周围的阴暗中照射出来。在沃霍尔最着名的创作图象中，没有哪个作品比这个图象 更适合「逆转」色调，因其使人联想到电椅在通电的时刻嗡嗡作响丶闪闪发光。沃 霍尔以绚丽夺目的逆转色彩成功地点亮了主题周围的黑暗，不但增加了作品的生动 度，还意外营造出了光影区域之间的交互关系。沃霍尔让观者回顾他过去的作品， 也迫使我们重新审视和评价，并发现他新的的美学手法。
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MU LTIPL E E L E C T RI C C HA I R S I N M AJ O R M U S E U M C O L L E C T I O N S
I Andy Warhol, Lavender Disaster, 1963 The Menil Collection, Houston
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I Andy Warhol, Orange Disaster #5, 1963 The Guggenheim Museum, New York
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The impasto in the present work is thick and broad, almost sculptural in places, and the clear evidence of finger marks in the paint itself reveals a very personal interaction between artist and canvas, something uncommon in much of Warhol’s work
HUGE SWEEPS OF GLOWING NEON HUES LIGHT UP ONE HALF OF THE CANVAS Although Warhol liked to imagine his Factory as a production line and the artist himself as a virtual machine, elements of chance also sneak into his works, the medium almost taking on a life of its own. Talking of the process in 1980, the artist showed himself to be aware of this unpredictability in his practice, but seems to have taken it in his stride, relishing the speed and simplicity of screening: “You pick a photograph, blow it up, transfer it in glue onto silk, and then roll ink across so that the ink goes through the silk but not through the glue. That way you get the same image, slightly different each time. It was all so simple – quick and chancy. I was thrilled with it” (The artist in: Pat Hackett, POPism: The Warhol Sixties, London 2007, p. 28). The additional colour elements in 14 Small Electric Chairs Reversal Series add a sense of depth and disparity to the composition, as huge sweeps of glowing neon hues light up one half of the canvas, redolent of one of Dan Flavin's fluorescent light structures. Typical of this period of Warhol’s output, the colours are added with a painterly freedom, clashing and intermingling in exultant abandon. Although Pop Art is regularly identified as the antithesis to the Action Painting which had come before it, in 14 Small Electric Chairs Reversal Series these loops and swoops of paint are strikingly reminiscent of abstract works by men like Franz Kline and Willem de Kooning.
尽管沃霍尔喜欢将他的“工厂”想象成生产线，将他自己想象成虚拟机器，我们还 是可在其作品中发现一些偶然的意外，而其作品的媒材也似乎有着自己的生命。在 谈到自己80年代时期的作品时，沃霍尔表示，自己已经意识到了他创作过程中的不 可预测性，但他似乎轻而易举地顺应并接受了这样的变化，并享受着筛选作品的节 奏和轻松。“你挑选一张照片，将它放大，用胶水粘在丝绸上，然后用墨水滚过， 使墨水渗透丝绸而不渗透胶水。用这种方法你可以得到同样的形象，但每次都略有 不同。就是这么简单 — 速度快，但存在不确定性。这让我很激动”（引自：帕特· 哈克特，《波普主义：沃霍尔的六十年代》，伦敦，2007年，第28页）。《14把小 电椅》中额外的色彩元素增加了作品的深度和不对称感，大量闪亮的霓虹色调使大 半个画面都亮了起来。自由添加色彩，让它们肆意地相互碰撞交错，这是沃霍尔这 个时期的作品中非常典型的特色。尽管波普艺术一般被认为是对前一时期泼洒抽象 画的反动风格，但在《14把小电椅》中，运用颜料画出的线圈和波浪线又使人很难 不联想到弗朗兹·克莱因和威廉·德库宁等人的抽象作品。画布上的颜料厚重而明 显，在某些地方几乎像是雕塑，画上的指纹则清晰地表明艺术家与画布之间有着非 常亲密的互动，而这在沃霍尔的大多数作品中非常的罕见。
I Left Page Dan Flavin, Untitled, 1985 Private Collection
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I Detail of Frank Auerbach, E.O.W. on her Blue Eiderdown V, 1963 Lot 12 in Post-War & Contemporary Art, 11 February 2016
I Detail of the present work
14 SMALL ELECTRIC CHAIRS REVERSAL SERIES IS NOT A PAINTING CONCERNED WITH THE LIGHTWEIGHT OR THE TRIVIAL Despite its momentous theme, 14 Small Electric Chairs Reversal Series is a painting filled with energy, movement and life. The contrast between the two vertical strips of electric chairs in this work is stark, one side monochrome and bleak, the other soaked in intense luminosity. The fact that the strips are slightly out of synch with each other, not quite meeting where they should, tricks the eye into imagining a kinetic quality, evocative of a strip of film as it rattles through an old-fashioned movie-projector. Like Warhol’s own movies, this painting invites the viewer to contemplate an object, to build up a close connection with it. In Sleep, filmed in 1963, Warhol focused his movie camera on the sleeping face of close friend and artist John Giorno for five hours twenty minutes. The following year his cinematic masterwork Empire comprised an eight-hour-long single shot of New York’s most iconic building. Similarly spellbinding, 14 Small Electric Chairs Reversal Series allows the viewer to build up an intimacy with its almost mesmeric subject matter, to become a voyeur peering into another life. Furthermore, the scene it portrays is certainly suggestive of a film set, the location for some wonderfully stylish film noir perhaps, a stage awaiting its actors. The narrative of the film can only be imagined, and its script remains unwritten, but we can be sure that it will be heady stuff, a tale of crime and retribution, justice or revenge. Candy-coloured perhaps, but certainly never candycoated, 14 Small Electric Chairs Reversal Series is not a painting concerned with the lightweight or the trivial.
《14把小电椅》的主题虽然沉重，但它是一幅充满了活力丶动感和生命的画作。作 品中的两列电椅形成了鲜明的对比，一边色彩单调而暗淡，另一边则厚重而明亮。 两列电椅稍稍错开，并没有严格对齐，让参观者的眼睛产生了一种动态的联想，好 像一条胶片正在老式电影放映机中转动。如同沃霍尔自己的电影一样，这幅画作中 所绘的物体使参观者陷入了沉思，并产生了共鸣。在1963年拍摄的《沉睡》中，沃 霍尔将电影镜头聚焦在其密友艺术家约翰·焦尔诺熟睡的脸上长达5小时20分钟。第 二年，在他的电影杰作《帝国》中，他对纽约最具标志性的建筑进行了长达8小时的 单景拍摄。《14把小电椅》具有同样使人着迷的效果，它使观者与画作的主题产生 了亲密的互动，让观者似乎变成了一个在窥探另一个生命的偷窥者。另外，它描绘 的场面令人想到电影布景，像是某些时髦的黑色电影的拍摄地点，一个等待演员登 场的舞台。对於这个电影的情节我们只能想象，而其剧本还没有写成，但是我们可 以肯定剧本一定非常令人期待，是一个关于犯罪和报应丶正义或复仇的故事，《14 把小电椅》，也许带着糖果般的色彩，但绝对非关裹着糖衣般的平凡丶轻松主题。
I Right Page Andy Warhol, Photobooth Self-Portrait, circa 1963 The Metropolitan Museum of Art, New York
I RenĂŠ Magritte, Man with a Newspaper, 1928 The Tate, London
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Unlike many, if not most, of the other works included in the Death and Disaster series, 14 Small Electric Chairs Reversal Series features no human figures. The chair itself is vacant, and the room it inhabits is empty. As such, this is a painting concerned with the notion of space, a concept which certainly interested Warhol: “When I look at things, I always see the space they occupy. I always want the space to reappear, to make a comeback, because it’s lost space when there’s nothing in it. If I see a chair in a beautiful space, no matter how beautiful the chair is, it can never be as beautiful to me as the plain space” (The artist in: The Philosophy of Andy Warhol, London 2007, p. 144). In ‘reversing’ the image here, Warhol brings this space into view, radically enhancing the subtler contrast between chair and ambient space which can be seen in the original image. The dynamic relationship between this chair, its various incarnations either monochrome or rainbow-hued, and the obscure environment in which it sits, silent and alone, is dramatic and all-encompassing. As Magritte demonstrated in his Man with a Newspaper of 1928, the implications of an empty chair are both frustratingly ambiguous and intriguingly endless. Nature abhors a vacuum, and empty space needs to be filled. What it will be filled with remains to be seen.
与《死亡和灾难》系列中的其他作品不同，《14把小电椅》中没有人物。椅子本 身是空的，椅子所在的房间也是空的。作品所关注的是空间的意义，这也是沃霍尔 感兴趣的概念“我看东西的时候，总会看到它占有的空间。我总想让空间再现丶 复原，因为如果那里什么都没有的话，它便是失去的空间。如果我在一个美丽的 空间里看到一把椅子，不管椅子有多美，对我来说，它永远无法与朴素的空间相媲 美。”（引自：《安迪·沃霍尔的哲学》，伦敦，2007年，第144页）在这里，沃霍 尔通过“逆转色彩”，将这个空间呈现出来，极大地加强了椅子和周围空间之间的 微妙对比。 画中的椅子丶其骨白色或虹色影像, 及所处的孤寂环境之间的动态关系 多变且充满戏剧性。如同马格利特1928年在《看报纸的男人》中的表现手法，空椅 子既让人感到沮丧，不明确，但同时蕴含无限的可能性。自然厌恶空虚，空荡荡的 空间需要填满。但到底填充什麽，人们拭目以待。
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“The Electric Chair, with its near-frontality and unchanging recurrence, is the most iconic of Warhol’s Death and Disaster images”
Neil Printz, Andy Warhol: Death and Disasters, exhibition catalogue, The Menil Collection, Houston 1989, p. 16
WHILE THEY MAY REMIND US OF OUR END, THESE WORKS OF ART ALSO INEVITABLY CELEBRATE THE WONDER OF LIFE Warhol was hardly the first, nor indeed the last artist to deal with the fragility of life in his work. In fact, the theme is an age-old one, a chilling, thrilling subject which has fascinated generations of artists. Becoming known during the medieval age as the memento mori (a Latin phrase which can be translated as ‘remember that you must die’), the concept was particularly suitable in the developing Christian world, where questions of worldly mortality, as well as heavenly immortality, were key in ongoing attempts to understand the human condition. Often featuring disintegrating fruit or skulls, such paintings reminded the viewer that no one can escape their ultimate fate. Et in Arcadia ego: even in paradise there is loss and bereavement, and everything is ultimately ephemeral. Painted in 1533, Hans Holbein’s iconic The Ambassadors contains one of the most enigmatic skulls in Art History: despite the inclusion of noble and academic instruments in the background, the distorted skull acts as a stark and inescapable reference to mortality. In the late 1970s, Warhol not only painted skulls, but posed for self-portraits with one perched on his shoulder. While they may remind us of our end, these works of art also inevitably celebrate the wonder of life. It is such images that prompt us to seize the day, and to value every minute of our ephemeral existence. There is optimism even, in the idea that every ending may bring a new beginning.
沃霍尔并非首位，亦将非最后一位尝试于作品中表达出生命如何脆弱的艺术家。事 实上，此一题材一直发人心省，因此历代艺术家亦为之深深着迷，激发出重重灵感 丶创意与不同的表述。此一概念于中世纪欧洲被称为Memento Mori（意译为‘谨 记，您终难逃一死’）, 其意念与当时正在发展中的基督教教义与观念相辅相成， 互相吻合：两者均尝试在不停思索凡尘生死与往生后永生不朽的过程当中，参透人 生与生存的深层意义。此类作品多描绘支离破碎的水果或骷髅，藉此向观者带出无 人能够避免死亡此一厄运的道理。就以《阿卡迪亚的牧人》为例，画作表达出即使 处于极乐世界中亦难逃丧亲之痛，而尘间万物亦并非永恒，终需消逝。汉斯·荷 尔拜因在1533年创作的标志性画作《奉使记》中描绘了艺术史上一个最神秘的骷 髅：虽然背景中有精密的科学仪器，但变形的骷髅头仍然令人不可回避地联想到死 亡。70年代后期，沃霍尔不仅绘画骷髅，还将一个骷髅放在自己肩上作自画像。如 今，被外界视为沃霍尔继承者的达米恩·赫斯特亦经常转换利用，其创作多描画鲨 鱼以及骷髅丶亦将其浸泡于福尔马林中丶或为其镶嵌钻石。这些作品虽然重复死亡 死亡作为万物的终结，但同时亦颂扬着生命的奇妙：画幅警醒世人须活在当下，把 握此刻，珍惜转瞬即逝的生命中的每一分钟。而另一更乐观的观念，则是每项终结 都将带来新生开始。如沃霍尔自述对死亡的看法，“你不一定要悲伤，这取决于你 认为死亡意味着什么，以及你对这种看法的理解。”（引自：《安迪·沃霍尔的哲 学》，伦敦，2007年，第頁112)
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I Hans Holbein the Younger, Jean de Dinteville and Georges de Selve (The Ambassadors), 1533 The National Gallery, London
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“You don’t have to be sad about death, depending on what you think it means, and what you think about what you think it means” The artist in: The Philosophy of Andy Warhol, London 2007
I Andy Warhol in London, 22nd November 1975
It would be easy to consider Warhol’s Death and Disaster paintings as a group entirely apart from his images of celebrities and film stars. In fact, the works are not as distinct as one might wish to imagine. Take, for example, a Marilyn, and place it next to 14 Small Electric Chairs Reversal Series. Both feature images from the mass media, one a Hollywood star, the other the location (and also the instrument) of an infamous execution. Like the present work, the Marilyn images were a response to a high-profile death, the canvases first being produced in the months after the star’s apparent suicide in August 1962. That Warhol analysed the relative ‘celebrity’ of the images used in his Death and Disaster paintings is revealed in his own words: “The death series I did was divided into two parts. The first on famous deaths [such as that of the Rosenbergs in the electric chair], and the second on people nobody ever heard of [such as the tuna fish poisonings]...I thought it would be nice for these unknown people to be remembered by those who, ordinarily, wouldn’t think of them” (the artist in: Mike Wrenn, Andy Warhol: In His Own Words, London 1991, p. 19). Even in death, or more accurately thanks to their death, Warhol granted his subjects a sort of fame, bestowing on them that oft-quoted fifteen minutes, a chance at artistic immortality. Whether he was portraying a disaster or a diva, celebrity was never far from Warhol’s mind. In the years since his own untimely demise almost three decades ago, Warhol’s reputation has only continued to grow. He is now universally considered as one of the most important and influential artists of the Twentieth-Century, and his radical approach to art and what it should reference has influenced countless numbers of today’s artists, and will continue to do so. Aside from a few small legacies to family, the bulk of the artist’s estate was devoted to setting up a Foundation in his name to promote and present his art to the world, and a museum dedicated to his work was established in downtown Pittsburgh. It almost goes without saying that his paintings now hang in all of the world’s most distinguished public galleries, and many of its greatest private ones too. the Tate Gallery London, the Guggenheim Museum New York, The Menil Collection Houston, the Philadelphia Museum of Art, the San Francisco Museum of Modern Art and the Boston Museum of Fine Art are just some of the renowned institutions which hold one of Warhol’s Electric Chairs in their collection. Exhibitions dedicated to the artist are constantly being opened around the world, drawing huge audiences wherever they are held. Warhol’s international appeal is demonstrated by the present work's own exhibition history, which includes appearances in important retrospective shows in Seoul, Stuttgart and Hamburg. No surprise then that the record price for an Electric Chair image was smashed in 2014, when a 1967-8 canvas achieved over $20,000,000 at auction in New York. 14 Small Electric Chairs Reversal Series of 1980 looms large before us, dark yet inviting. The original photographic image has been cropped, with all of the surrounding ephemera visible in earlier paintings, such as the doors and the ‘Silence’ sign in the background, now excised. The focus of the viewer is drawn inexorably to the vacant chairs themselves, the image repeated over and over in hypnotic regularity. The fact that these chairs are empty is surely significant: while other paintings from the ‘Death and Disaster’ series feature victims or even potential rescuers, in this case there is just the chair and, by implication, the viewer. An important work of art by the most important artist of the post-modern age, this painting considers the very essence of human existence. Like a doorway into a shadowy realm, 14 Small Electric Chairs Reversal Series may fill us with trepidation, but still we are irresistibly drawn towards it, like moths to a beautiful, fatal flame.
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一般人容易以为沃霍尔的《死亡和灾难》系列画作与沃霍尔其他名人和电影明星的画 作是两组不相干的作品。实际上，这些作品并不是我们想象的如此大相径庭。例如， 当我将《玛丽莲·梦露》与《14把小电椅》并排比对，两幅画都表现了大众所熟知的 形象，一个是好莱坞明星，一个是声名狼藉的死刑执行现场（及其工具）。与本次拍 卖的重要拍品－电椅一样，《玛丽莲·梦露》也是一个重要的死亡事件的反映，沃霍 尔是在这位明星1962年8月自杀数月后创作的。沃霍尔曾对他的《死亡和灾难》系列 中所使用的相关“名人”形象进行了分析，他曾说：“我画的死亡系列分为两部分。 第一部分是名人的死亡（例如电椅中的罗森堡夫妇），第二部分是名不见经传的人物 的死亡（例如金枪鱼投毒案）......我认为这些无名小人物能被那些原本完全不会想 到他们的人记得是一件好事。”（引自：迈克·莱恩，《安迪·沃霍尔：自述》，伦 敦，1991年，第19页）。 沃霍尔利用死亡这个主题－或者说更精准的说，感谢他们 的死，沃霍尔给予他所画作主题的对象的１５分钟的成名瞬间（沃霍尔曾说过，在未 来，每个人都可以有１５分钟成为世界知名人物的时间），也给予他们一个在艺术上 永生的机会。总之无论他画的是一场灾难还是一位女明星，沃霍尔的心中的始终脱离 不了名人这个主题。 沃霍尔骤然离世，但在他逝去的三十年间，他的名气非但没减少，而是不断的提 升。当今一致认为他是20世纪最重要丶最有影响力的艺术家之一，他激进的艺术表 现方式丶及艺术作品中的意旨，影响了今天无数的艺术家，而且这种影响还会在未 来的艺术家之间继续传播。沃霍尔除了给家人留下些许遗产外，他的大部分财产都 捐献给了以他的名字命名的基金会，用于向全世界推广和展示他的艺术作品，匹兹 堡市区还建立了一个专门展示他作品的博物馆。众所周知，现在沃霍尔的作品悬挂 在世界所有最知名的公共美术馆和许多顶级私人美术馆中，而伦敦泰特美术馆丶费 城艺术博物馆丶旧金山现代艺术博物馆丶波士顿艺术博物馆，即为其中几间有收藏 《电椅》系列作品的知名机构。他的专场作品展经常在世界各地举行，无论在何地 都能吸引大量参观者。沃霍尔的国际影响力，通过本次拍卖的拍品在首尔与斯图加 特和汉堡举行的回顾画展的展览可以得到证明，这也不令人意外, 一幅1967-8年的 《电椅》在去年纽约拍卖会上，拍出逾2,000万美元的创纪录高价。 当这件巨幅作品－1980年的《14把小电椅》呈现在观者的面前，虽色调暗淡，但极 具诱惑力。原照片中的某些物体被去除了，在早期的画作中，如背景中的门和“保持 安静”的标志这些周围可以看到的物体，现在都被去掉了。因此，参观者的注意力势 必被吸引到空椅子本身，这个形象以洗脑式的规律性不断重复。这幅画只有一张空椅 子, 是一件非常值得关注的事实，在其他《死亡和灾难》系列中，画作都描绘了受害 者本身，甚或是潜在的拯救者，但在这幅画中，我们只观见椅子，或其实在这画作中 所暗指的是: 参观者本身。这幅画是后现代时期最重要的艺术家的一件重要的艺术作 品，它的主旨即是探讨 人类生存的本质。如同通向幽暗境遇的一扇门，《14把小电 椅》可能会让我们充满不安，但我们依然不可抗拒地为其所吸引，就好像飞蛾扑向美 丽却致命的火焰一样。
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RE V E R S E AN D D E TAI L S
Inscribed: 14 Small Coloured Electric Chairs Andy Warhol
Inscribed: Reversal Series 1980
Andy Warhol Art Authentication Board Stamp
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Reverse of the present work
PHOTO CREDITS Page 21 Source material for Warhol's 'Electric Chair' series, 1962-1963 Pittsburgh, Collection of The Andy Warhol Museum Page 24 Andy Warhol, Lavender Disaster, 1963 Houston, The Menil Collection © 2016 The Andy Warhol Foundation for the Visual Arts, Inc. / Artists Rights Society (ARS), New York and DACS, London. Page 25 Andy Warhol, Orange Disaster #5, 1963 New York, The Guggenheim Collection The Art Archive / The Solomon R. Guggenheim Foundation / Art Resource, NY / Solomon R. Guggenheim Museum, New York. Gift, Harry N. Abrams Family Collection, 1974 © 2016 The Andy Warhol Foundation for the Visual Arts, Inc. / Artists Rights Society (ARS), New York and DACS, London. Page 28 Dan Flavin, Untitled, 1985 Christie's Images, London/Scala, Florence © 2016 Stephen Flavin / Artists Rights Society (ARS), New York Page 33 Andy Warhol, Photobooth Self-Portrait, circa 1963 New York, The Metropolitan Museum of Art Image © The Metropolitan Museum of Art/Art Resource/Scala, Florence © 2016 The Andy Warhol Foundation for the Visual Arts, Inc. / Artists Rights Society (ARS), New York and DACS, London. Page 34 René Magritte, Man with a Newspaper, 1928 London, The Tate © Tate, London 2016 © ADAGP, Paris and DACS, London 2016. Page 39 Hans Holbein the Younger, Jean de Dinteville and Georges de Selve (The Ambassadors), 1533 London, The National Gallery © 2016. © The National Gallery, London/Scala,Florence Page 41 Andy Warhol in London, 22nd November 1975 AGIP/RDA/Getty Images
SPECIAL THANKS Nathan Brown Nitesh Patel Richard Agostini Peter Gadsby Alex Braun Alan Montgomery Ariel Lin Clara Ma Sing Yan Choy Meiling Lee Yao Yao David Jones Creative Direction Victor Seaward
SELECTED HIGHLIGHTS FROM POST-WAR & CONTEMPORARY ART, 11 FEBRUARY 2016 Please refer to the Post-War & Contemporary Art catalogue for further details
12 FRANK AUERBACH (B. 1931) E.O.W. on her Blue Eiderdown V 1963 oil on board 57.5 by 83 cm. 22 5/8 by 32 11/16 in. This work was executed in 1963. £1,000,000 - 1,500,000 US$1,500,000 - 2,200,000 €1,300,000 - 2,000,000
9 EL ANATSUI (B. 1944) Peju’s Robe 2006 aluminium and copper wire 245 by 310 cm. 96 7/16 by 122 1/16 in. This work was executed in 2006. £450,000 - 550,000 US$660,000 - 800,000 €600,000 - 740,000
33 KAZUO SHIRAGA (1924-2008) Untitled (Red Fan) 1965 lacquer on paper and wood 151 by 304.5 by 50.5 cm. 59 7/16 by 119 7/8 by 19 7/8 in. This work was executed in 1965. £1,500,000 - 2,000,000 US$2,200,000 - 2,900,000 €2,000,000 - 2,700,000
45 GERMAINE RICHIER (1904-1959) Le cheval à six têtes, grand 1954-1956 signed, numbered 00/5 and stamped L. Thinot. fondeur PARIS on the base bronze 101 by 105 by 50 cm. 39 3/4 by 41 5/16 by 19 11/16 in. This work was conceived in 19541956, and is from an edition of five numbered versions and six subsequent editions numbered HC1, HC2, HC3, EA, 0/5 and 00/5. £200,000 - 300,000 US$290,000 - 440,000 €270,000 - 400,000
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2. LOTS Subject to the Contractual Description printed in bold letters in the Entry about the Lot in the Catalogue (see paragraph 3 below), Lots are sold to the Buyer on an “as is” basis, with all faults and imperfections. Illustrations and photographs contained in the Catalogue (other than photographs forming part of the Contractual Description) or elsewhere of any Lots are for identification purposes only. They may not reveal the true condition of the Lot. A photograph or illustration may not reflect an accurate reproduction of the colour(s) of the Lot. Lots are available for inspection prior to the Sale and it is for you to satisfy yourself as to each and every aspect of a Lot, including its authorship, attribution, condition, provenance, history, background, authenticity, style, period, age, suitability, quality, roadworthiness (if relevant), origin, value and estimated selling price (including the Hammer Price). It is your responsibility to examine any Lot in which you are interested. It should be remembered that the actual condition of a Lot may not be as good as that indicated by its outward appearance. In particular, parts may have been replaced or renewed and Lots may not be authentic or of satisfactory quality; the inside of a Lot may not be visible and may not be original or may be damaged, as for example where it is covered by upholstery or material. Given the age of many Lots they may have been damaged and/or repaired and you should not assume that a Lot is in good condition. Electronic or mechanical parts may not operate or may not comply with current statutory requirements. You should not assume that electrical items designed to operate on mains electricity will be suitable for connection to the mains electricity supply and you should obtain a report from a qualified electrician on their status before
doing so. Such items which are unsuitable for connection are sold as items of interest for display purposes only. If you yourself do not have expertise regarding a Lot, you should consult someone who does to advise you. We can assist in arranging facilities for you to carry out or have carried out more detailed inspections and tests. Please ask our staff for details. Any person who damages a Lot will be held liable for the loss caused.
3. DESCRIPTIONS OF LOTS AND ESTIMATES Contractual Description of a Lot The Catalogue contains an Entry about each Lot. Each Lot is sold by its respective Seller to the Buyer of the Lot as corresponding only with that part of the Entry which is printed in bold letters and (except for the colour, which may be inaccurately reproduced) with any photograph of the Lot in the Catalogue. The remainder of the Entry, which is not printed in bold letters, represents Bonhams’ opinion (given on behalf of the Seller) about the Lot only and is not part of the Contractual Description in accordance with which the Lot is sold by the Seller. Estimates
In most cases, an Estimate is printed beside the Entry. Estimates are only an expression of Bonhams’ opinion made on behalf of the Seller of the range where Bonhams thinks the Hammer Price for the Lot is likely to fall; it is not an Estimate of value. It does not take into account any VAT or Buyer’s Premium payable. Lots can in fact sell for Hammer Prices below and above the Estimate. Any Estimate should not be relied on as an indication of the actual selling price or value of a Lot. Estimates are in the currency of the Sale.
Condition Reports
In respect of most Lots, you may ask for a Condition Report on its physical condition from Bonhams. If you do so, this will be provided by Bonhams on behalf of the Seller free of charge. Bonhams is not entering into a contract with you in respect of the Condition Report and accordingly does not assume responsibility to you in respect of it. Nor does the Seller owe or agree to owe you as a Bidder any obligation or duty in respect of this free report about a Lot, which is available for your own inspection or for inspection by an expert instructed by you. However, any written Description of the physical condition of the Lot contained in a Condition Report will form part of the Contractual Description of the Lot under which it is sold to any Buyer.
The Seller’s responsibility to you
The Seller does not make or agree to make any representation of fact or contractual promise, Guarantee or warranty and undertakes no obligation or duty, whether in contract or in tort (other than to the eventual Buyer as set out above), in respect of the accuracy or completeness of any statement or representation made by him or on his behalf, which is in any way descriptive of any Lot or as to the anticipated or likely selling price of any Lot. Other than as set out above, no statement or representation in any way descriptive of a Lot or any Estimate is incorporated into any Contract for Sale between a Seller and a Buyer.
Bonhams’ responsibility to you
You have the opportunity of examining the Lot if you want to and the Contract for Sale for a Lot is with the Seller and not with Bonhams; Bonhams acts as the Seller’s agent only (unless Bonhams sells the Lot as principal). Bonhams undertakes no obligation to you to examine, investigate or carry out any tests, either in sufficient depth or at all, on each Lot to establish the accuracy or otherwise of any Descriptions or opinions given by Bonhams, or by any person on Bonhams’ behalf, whether in the Catalogue or elsewhere. You should not suppose that such examinations, investigations or tests have occurred. Bonhams does not make or agree to make any representation of fact, and undertakes no obligation or duty (whether in contract or tort) in respect of the accuracy or completeness of any statement or representation made by Bonhams or on Bonhams’ behalf which is in any way descriptive of any Lot
or as to the anticipated or likely selling price of any Lot. No statement or representation by Bonhams or on its behalf in any way descriptive of any Lot or any Estimate is incorporated into our Buyer’s Agreement.
Alterations
Descriptions and Estimates may be amended at Bonhams’ discretion from time to time by notice given orally or in writing before or during a Sale. THE LOT IS AVAILABLE FOR INSPECTION AND YOU MUST FORM YOUR OWN OPINION IN RELATION TO IT. YOU ARE STRONGLY ADVISED TO EXAMINE ANY LOT OR HAVE IT EXAMINED ON YOUR BEHALF BEFORE THE SALE.
4. CONDUCT OF THE SALE Our Sales are public auctions which persons may attend and you should take the opportunity to do so. We do reserve the right at our sole discretion to refuse admission to our premises or to any Sale without stating a reason. We have complete discretion as to whether the Sale proceeds, whether any Lot is included in the Sale, the manner in which the Sale is conducted and we may offer Lots for Sale in any order we choose notwithstanding the numbers given to Lots in the Catalogue. You should therefore check the date and starting time of the Sale, whether there have been any withdrawals or late entries. Remember that withdrawals and late entries may affect the time at which a Lot you are interested in is put up for Sale. We have complete discretion to refuse any bid, to nominate any bidding increment we consider appropriate, to divide any Lot, to combine two or more Lots, to withdraw any Lot from a Sale and, before the Sale has been closed, to put up any Lot for auction again. Auction speeds can exceed 100 Lots to the hour and bidding increments are generally about 10%. However these do vary from Sale to Sale and from Auctioneer to Auctioneer. Please check with the department organising the Sale for advice on this. Where a Reserve has been applied to a Lot, the Auctioneer may, in his absolute discretion, place bids (up to an amount not equalling or exceeding such Reserve) on behalf of the Seller. We are not responsible to you in respect of the presence or absence of any Reserve in respect of any Lot. If there is a Reserve it will normally be no higher than the lower figure for any Estimate in the Catalogue, assuming that the currency of the Reserve has not fluctuated adversely against the currency of the Estimate. The Buyer will be the Bidder who makes the highest bid acceptable to the Auctioneer for any Lot (subject to any applicable Reserve) to whom the Lot is knocked down by the Auctioneer at the fall of the Auctioneer’s hammer. Any dispute as to the highest acceptable bid will be settled by the Auctioneer in his absolute discretion. All bids tendered will relate to the actual Lot number announced by the Auctioneer. An electronic currency converter may be used at the Sale. This equipment is provided as a general guide as to the equivalent amount in certain currencies of a given bid. We do not accept any responsibility for any errors which may occur in the use of the currency converter. We may use video cameras to record the Sale and may record telephone calls for reasons of security and to assist in solving any disputes which may arise in relation to bids made at the Sale. At some Sales, for example, jewellery Sales, we may use screens on which images of the Lots will be projected. This service is provided to assist viewing at the Sale. The image on the screen should be treated as an indication only of the current Lot. It should be noted that all bids tendered will relate to the actual Lot number announced by the Auctioneer. We do not accept any responsibility for any errors which may occur in the use of the screen.
5. BIDDING We do not accept bids from any person who has not completed and delivered to us one of our Bidding Forms, either our Bidder Registration Form, Absentee Bidding Form or Telephone Bidding Form. You will be asked for proof of identity, residence and references, which, when asked for, you must supply if your bids are to be accepted by us. Please bring your passport, driving licence (or similar photographic proof of identity) and proof of address. We may request a deposit from you before allowing you to bid. We may refuse entry to a Sale to any person even if that person has completed a Bidding Form.
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Bidding in person
You should come to our Bidder registration desk at the Sale venue and fill out a Bidder Registration Form on (or, if possible, before) the day of the Sale. The bidding number system is sometimes referred to as “paddle bidding”. You will be issued with a large card (a “paddle”) with a printed number on it. This will be attributed to you for the purposes of the Sale. Should you be a successful Bidder you will need to ensure that your number can be clearly seen by the Auctioneer and that it is your number which is identified as the Buyer’s. You should not let anyone else use your paddle as all Lots will be invoiced to the name and address given on your Bidder Registration Form. Once an invoice is issued it will not be changed. If there is any doubt as to the Hammer Price of, or whether you are the successful Bidder of, a particular Lot, you must draw this to the attention of the Auctioneer before the next Lot is offered for Sale. At the end of the Sale, or when you have finished bidding please return your paddle to the Bidder registration desk.
Bidding by telephone
If you wish to bid at the Sale by telephone, please complete a Telephone Bidding Form, which is available from our offices or in the Catalogue. Please then return it to the office responsible for the Sale at least 24 hours in advance of the Sale. It is your responsibility to check with our Bids Office that your bid has been received. Telephone calls will be recorded. The telephone bidding facility is a discretionary service and may not be available in relation to all Lots. We will not be responsible for bidding on your behalf if you are unavailable at the time of the Sale or if the telephone connection is interrupted during bidding. Please contact us for further details.
Bidding by post or fax
Absentee Bidding Forms can be found in the back of this Catalogue and should be completed and sent to the office responsible for the Sale. It is in your interests to return your form as soon as possible, as if two or more Bidders submit identical bids for a Lot, the first bid received takes preference. In any event, all bids should be received at least 24 hours before the start of the Sale. Please check your Absentee Bidding Form carefully before returning it to us, fully completed and signed by you. It is your responsibility to check with our Bids Office that your bid has been received. This additional service is complimentary and is confidential. Such bids are made at your own risk and we cannot accept liability for our failure to receive and/or place any such bids. All bids made on your behalf will be made at the lowest level possible subject to Reserves and other bids made for the Lot. Where appropriate your bids will be rounded down to the nearest amount consistent with the Auctioneer’s bidding increments. New Bidders must also provide proof of identity and address when submitting bids. Failure to do this will result in your bid not being placed.
Bidding via the internet
Please visit our Website at http://www.bonhams.com for details of how to bid via the internet.
Bidding through an agent
Bids will be accepted as placed on behalf of the person named as the principal on the Bidding Form although we may refuse to accept bids from an agent on behalf of a principal and will require written confirmation from the principal confirming the agent’s authority to bid. Nevertheless, as the Bidding Form explains, any person placing a bid as agent on behalf of another (whether or not he has disclosed that fact or the identity of his principal) will be jointly and severally liable with the principal to the Seller and to Bonhams under any contract resulting from the acceptance of a bid. Subject to the above, please let us know if you are acting on behalf of another person when bidding for Lots at the Sale. Equally, please let us know if you intend to nominate another person to bid on your behalf at the Sale unless this is to be carried out by us pursuant to a Telephone or Absentee Bidding Form that you have completed. If we do not approve the agency arrangements in writing before the Sale, we are entitled to assume that the person bidding at the Sale is bidding on his own behalf. Accordingly, the person bidding at the Sale will be the Buyer and will be liable to pay the Hammer Price and Buyer’s Premium and associated charges. If we approve the identity of your client in advance, we will be in a position to address the invoice to your principal rather than you. We will
require proof of the agent’s client’s identity and residence in advance of any bids made by the agent on his behalf. Please refer to our Conditions of Business and contact our Customer Services Department for further details.
G
6. CONTRACTS BETWEEN THE BUYER AND SELLER AND THE BUYER AND BONHAMS
a
On the Lot being knocked down to the Buyer, a Contract for Sale of the Lot will be entered into between the Seller and the Buyer on the terms of the Contract for Sale set out in Appendix 1 at the back of the Catalogue. You will be liable to pay the Purchase Price, which is the Hammer Price plus any applicable VAT. At the same time, a separate contract is also entered into between us as Auctioneers and the Buyer. This is our Buyer’s Agreement, the terms of which are set out in Appendix 2 at the back of the Catalogue. Please read the terms of the Contract for Sale and our Buyer’s Agreement contained in the Catalogue in case you are the successful Bidder. We may change the terms of either or both of these agreements in advance of their being entered into, by setting out different terms in the Catalogue and/or by placing an insert in the Catalogue and/ or by notices at the Sale venue and/or by oral announcements before and during the Sale. You should be alert to this possibility of changes and ask if there have been any.
7. BUYER’S PREMIUM AND OTHER CHARGES PAYABLE BY THE BUYER Under the Buyer’s Agreement, a premium (the Buyer’s Premium) is payable to us by the Buyer in accordance with the terms of the Buyer’s Agreement and at rates set out below, calculated by reference to the Hammer Price and payable in addition to it. Storage charges and Expenses are also payable by the Buyer as set out in the Buyer’s Agreement. All the sums payable to us by the Buyer are subject to VAT. For this Sale the following rates of Buyer’s Premium will be payable by Buyers on each lot purchased: 25% up to £50,000 of the Hammer Price 20% from £50,001 to £1,000,000 of the Hammer Price 12% from £1,000,001 of the Hammer Price The Buyer’s premium is payable for the services to be provided by Bonhams in the Buyer’s Agreement which is contained in the Catalogue for this Sale and for the opportunity to bid for the Lot at the Sale. On certain Lots, which will be marked “AR” in the Catalogue and which are sold for a Hammer Price of €1,000 or greater (converted into the currency of the Sale using the European Central Bank Reference rate prevailing on the date of the Sale), the Additional Premium will be payable to us by the Buyer to cover our Expenses relating to the payment of royalties under the Artists Resale Right Regulations 2006. The Additional Premium will be a percentage of the amount of the Hammer Price calculated in accordance with the table below, and shall not exceed €12,500 (converted into the currency of the Sale using the European Central Bank Reference rate prevailing on the date of the Sale). Hammer Price From €0 to €50,000 From €50,000.01 to €200,000 From €200,000.01 to €350,000 From €350,000.01 to €500,000 Exceeding €500,000
Percentage amount 4% 3% 1% 0.5% 0.25%
8. VAT The prevailing rate of VAT at the time of going to press is 20%, but this is subject to government change and the rate payable will be the rate in force on the date of the Sale. The following symbols are used to denote that VAT is due on the Hammer Price and Buyer’s Premium: † VAT at the prevailing rate on Hammer Price and Buyer’s Premium Ω VAT on imported items at the prevailing rate on Hammer Price and Buyer’s Premium * VAT on imported items at a preferential rate of 5% on Hammer Price and the prevailing rate on Buyer’s Premium
•
Gold bullion exempt from VAT on the Hammer Price and subject to VAT at the prevailing rate on the Buyer’s Premium Zero rated for VAT, no VAT will be added to the Hammer Price or the Buyer’s Premium Buyers from within the EU: VAT is payable at the prevailing rate on just the Buyer’s Premium (NOT the Hammer Price). Buyers from outside the EU: VAT is payable at the prevailing rate on both Hammer Price and Buyer’s Premium. If a Buyer, having registered under a non-EU address, decides that the item is not to be exported from the EU, then he should advise Bonhams immediately.
In all other instances no VAT will be charged on the Hammer Price, but VAT at the prevailing rate will be added to Buyer’s Premium which will be invoiced on a VAT inclusive basis.
9. PAYMENT It is of critical importance that you ensure that you have readily available funds to pay the Purchase Price and the Buyer’s Premium (plus VAT and any other charges and Expenses to us) in full before making a bid for the Lot. If you are a successful Bidder, payment will be due to us by 4.30 pm on the second working day after the Sale so that all sums are cleared by the eighth working day after the Sale. Unless agreed by us in advance payments made by anyone other than the registered Buyer will not be accepted. Payment will have to be by one of the following methods (all cheques should be made payable to Bonhams 1793 Limited). Bonhams reserves the right to vary the terms of payment at any time. Sterling personal cheque drawn on a UK branch of a bank or building society: all cheques must be cleared before you can collect your purchases; Cash: you may pay for Lots purchased by you at this Sale with notes, coins or travellers cheques in the currency in which the Sale is conducted (but not any other currency) provided that the total amount payable by you in respect of all Lots purchased by you at the Sale does not exceed £3,000, or the equivalent in the currency in which the Sale is conducted, at the time when payment is made. If the amount payable by you for Lots exceeds that sum, the balance must be paid otherwise than in coins, notes or travellers cheques;
Bank transfer: you may electronically transfer funds to our Trust Account. If you do so, please quote your paddle number and invoice number as the reference. Our Trust Account details are as follows: Bank: National Westminster Bank Plc Address: PO Box 4RY 250 Regent Street London W1A 4RY Account Name: Bonhams 1793 Limited Trust Account Account Number: 25563009 Sort Code: 56-00-27 IBAN Number: GB 33 NWBK 560027 25563009 If paying by bank transfer, the amount received after the deduction of any bank fees and/or conversion of the currency of payment to pounds sterling must not be less than the sterling amount payable, as set out on the invoice. Debit cards: there is no additional charge for purchases made with personal debit cards, issued by a UK bank. Debit cards issued by an overseas bank, deferred and company debit cards and all credit cards will be subject to a 2% surcharge; Credit cards: Visa and Mastercard only. Please note there is a 2% surcharge on the total invoice value when payments are made using credit cards. It may be advisable to notify your card provider of your intended purchase in advance to reduce delays caused by us having to seek authority when you come to pay. If you have any questions with regard to payment, please contact our Customer Services Department. China UnionPay (CUP) debit cards: No surcharge for using CUP debit cards will apply on the first £100,000 invoiced to a Buyer in any Sale; a 2% surcharge will be made on the balance over £100,000.
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10. COLLECTION AND STORAGE The Buyer of a Lot will not be allowed to collect it until payment in full and in cleared funds has been made (unless we have made a special arrangement with the Buyer). For collection and removal of purchased Lots, please refer to Sale Information at the front of the Catalogue. Our offices are open 9.00am – 5pm Monday to Friday. Details relating to the collection of a Lot, the storage of a Lot and our Storage Contractor after the Sale are set out in the Catalogue.
11. SHIPPING Please refer all enquiries to our shipping department on: Tel: +44 (0)20 8963 2850/2852 Fax: +44 (0)20 8963 2805 Email: shipping@bonhams.com
12. EXPORT/TRADE RESTRICTIONS It is your sole responsibility to comply with all export and import regulations relating to your purchases and also to obtain any relevant export and/or import licence(s). Export licences are issued by Arts Council England and application forms can be obtained from its Export Licensing Unit. The detailed provisions of the export licencing arrangements can be found on the ACE website http://www.artscouncil.org.uk/ what-we-do/supporting-museums/cultural-property/exportcontrols/export-licensing/ or by phoning ACE on +44 (0)20 7973 5188. The need for import licences varies from country to country and you should acquaint yourself with all relevant local requirements and provisions. The refusal of any import or export licence(s) or any delay in obtaining such licence(s) shall not permit the rescission of any Sale nor allow any delay in making full payment for the Lot. Generally, please contact our shipping department before the Sale if you require assistance in relation to export regulations.
13. CITES REGULATIONS Please be aware that all Lots marked with the symbol Y are subject to CITES regulations when exporting these items outside the EU. These regulations may be found at http://www.defra.gov.uk/ahvla-en/imports-exports/cites/ or may be requested from: Animal Health and Veterinary Laboratories Agency (AHVLA) Wildlife Licencing Floor 1, Zone 17, Temple Quay House 2 The Square, Temple Quay BRISTOL BS1 6EB Tel: +44 (0) 117 372 8774
14. THE SELLERS AND/OR BONHAMS’ LIABILITY Other than any liability of the Seller to the Buyer of a Lot under the Contract for Sale, neither we nor the Seller are liable (whether in negligence or otherwise) for any error or misdescription or omission in any Description of a Lot or any Estimate in respect of it, whether contained in the Catalogue or otherwise, whether given orally or in writing and whether given before or during the Sale. Neither we nor the Seller will be liable for any loss of Business, profits, revenue or income, or for loss of reputation, or for disruption to Business or wasted time on the part of management or staff, or for indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract (if any) or statutory duty, restitutionary claim or otherwise. In any circumstances where we and/or the Seller are liable in relation to any Lot or any Description or Estimate made of any Lot, or the conduct of any Sale in relation to any Lot, whether in damages, for an indemnity or contribution, or for a restitutionary remedy or otherwise, our and/or the Seller’s liability (combined, if both we and the Seller are liable) will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from any negligence, other tort, breach of contract (if any) or statutory duty or otherwise. Nothing set out above will be construed as excluding or restricting (whether directly or
indirectly) our liability or excluding or restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by our negligence (or by the negligence of any person under our control or for whom we are legally responsible), or (iii) acts or omissions for which we are liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law or (v) our undertakings under paragraphs 9 (in relation to specialist Stamp or Book Sales only) and 10 of the Buyer’s Agreement. The same applies in respect of the Seller, as if references to us in this paragraph were substituted with references to the Seller.
15. BOOKS As stated above, all Lots are sold on an “as is” basis, subject to all faults, imperfections and errors of Description save as set out below. However, you will be entitled to reject a Book in the circumstances set out in paragraph 11 of the Buyers Agreement. Please note that Lots comprising printed Books, unframed maps and bound manuscripts are not liable to VAT on the Buyer’s Premium.
16. CLOCKS AND WATCHES All Lots are sold “as is”, and the absence of any reference to the condition of a clock or watch does not imply that the Lot is in good condition and without defects, repairs or restorations. Most clocks and watches have been repaired in the course of their normal lifetime and may now incorporate parts not original to them. Furthermore, Bonhams makes no representation or warranty that any clock or watch is in working order. As clocks and watches often contain fine and complex mechanisms, Bidders should be aware that a general service, change of battery or further repair work, for which the Buyer is solely responsible, may be necessary. Bidders should be aware that the importation of watches such as Rolex, Frank Muller and Corum into the United States is highly restricted. These watches may not be shipped to the USA and can only be imported personally.
17. FIREARMS – PROOF, CONDITION AND CERTIFICATION Proof of Firearms
The term “proof exemption” indicates that a firearm has been examined at a Proof House, but not proved, as either (a) it was deemed of interest and not intended for use, or (b) ammunition was not available. In either case, the firearm must be regarded as unsafe to fire unless subsequently proved. Firearms proved for Black Powder should not be used with smokeless ammunition. The term “Certificate of Unprovability” indicates that a firearm has been examined at a Proof House and is deemed both unsuitable for proof and use. Reproof is required before any such firearm is to be used.
Guns Sold as Parts
Barrels of guns sold as parts will only be made available for sleeving and measurements once rendered unserviceable according to the Gun Barrel Proof Act of 1968 to 1978 and the Rules of Proof.
Condition of Firearms
Comment in this Catalogue is restricted, in general, to exceptional condition and to those defects that might affect the immediate safety of a firearm in normal use. An intending Bidder unable to make technical examinations and assessments is recommended to seek advice from a gunmaker or from a modern firearms specialist. All prospective Bidders are advised to consult the ˚ of bore and wall-thickness measurements posted in the saleroom and available from the department. Bidders should note that guns are stripped only where there is a strong indication of a mechanical malfunction. Stripping is not, otherwise, undertaken. Guns intended for use should be stripped and cleaned beforehand. Hammer guns should have their rebound mechanisms checked before use. The safety mechanisms of all guns must be tested before use. All measurements are approximate.
Original Gun Specifications Derived from Gunmakers
The Sporting Gun Department endeavours to confirm a gun’s original specification and date of manufacture with makers who hold their original records.
Licensing Requirements Firearms Act 1968 as amended
Bonhams is constantly reviewing its procedures and would remind you that, in the case of firearms or shotguns subject to certification, to conform with current legislation, Bonhams is required to see, as appropriate, your original registered firearms dealer’s certificate / shot gun certificate / firearm certificate / museum firearms licence / Section 5 authority or import licence (or details of any exemption from which you may benefit, for instance Crown servant status) for the firearm(s) you have purchased prior to taking full payment of the amount shown on your invoice. Should you not already be in possession of such an authority or exemption, you are required to initially pay a deposit of 95% of the total invoice with the balance of 5% payable on presentation of your valid certificate or licence showing your authority to hold the firearm(s) concerned. Please be advised that if a successful Bidder is then unable to produce the correct paperwork, the Lot(s) will be reoffered by Bonhams in the next appropriate Sale, on standard terms for Sellers, and you will be responsible for any loss incurred by Bonhams on the original Sale to you. In the case of RFD certificates and Section 5 authorities, we wish to keep an up-to-date copy on file. Please supply us with a Fax or photocopy. It would be helpful if you could send us an updated copy whenever your certificate or authority is renewed or changed. Lots marked ‘S1´ and bearing red labels are Section 1 firearms and require a valid British Firearms certificate, RFD Licence or import licence. Lots marked ‘S2’ and bearing blue labels are Section 2 firearms and require a valid British Shotgun certificate, RFD licence or import licence. Lots marked ‘S5´ and bearing specially marked red labels are Section 5 prohibited firearms and require a valid Section 5 Authority or import licence. Lots marked with a ‘S58´ and bearing yellow labels are for obsolete calibres and no licence is required unless ammunition is held. Unmarked Lots require no licence. Please do not hesitate to contact the Modern Sporting Gun Department should you have any queries.
Taxidermy and Related Items
As a Seller of these articles, Bonhams undertakes to comply fully with Cites and DEFRA regulations. Buyers are advised to inform themselves of all such regulations and should expect the exportation of items to take some time to arrange.
18. FURNITURE Upholstered Furniture
Whilst we take every care in cataloguing furniture which has been upholstered we offer no Guarantee as to the originality of the wood covered by fabric or upholstery.
19. JEWELLERY
͌ Ruby and Jadeite
Ruby and jadeite gemstones of Burmese (Myanmar) origin may not be imported into the US. Rubies and jadeite of non–Burmese origin require certification before import into the US and it is the Buyer’s responsibility to obtain all relevant and required export/import licences, certificates and documentation before shipping. Failure by the Buyer to successfully import goods into the US does not constitute grounds for non payment or cancellation of Sale. Bonhams will not be responsible for any additional costs in this regard howsoever incurred.
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Gemstones
Historically many gemstones have been subjected to a variety of treatments to enhance their appearance. Sapphires and rubies are routinely heat treated to improve their colour and clarity, similarly emeralds are frequently treated with oils or resin for the same purpose. Other treatments such as staining, irradiation or coating may have been used on other gemstones. These treatments may be permanent, whilst others may need special care or re-treatment over the years to retain their appearance. Bidders should be aware that Estimates assume that gemstones may have been subjected to such treatments. A number of laboratories issue certificates that give more detailed Descriptions of gemstones. However there may not be consensus between different laboratories on the degrees, or types of treatment for any particular gemstone. In the event that Bonhams has been given or has obtained certificates for any Lot in the Sale these certificates will be disclosed in the Catalogue. Although, as a matter of policy, Bonhams endeavours to provide certificates from recognised laboratories for certain gemstones, it is not feasible to obtain certificates for each Lot. In the event that no certificate is published in the Catalogue, Bidders should assume that the gemstones may have been treated. Neither Bonhams nor the Seller accepts any liability for contradictions or differing certificates obtained by Buyers on any Lots subsequent to the Sale.
Estimated Weights
If a stone(s) weight appears within the body of the Description in capital letters, the stone(s) has been unmounted and weighed by Bonhams. If the weight of the stone(s) is stated to be approximate and does not appear in capital letters, the stone(s) has been assessed by us within its/their settings, and the stated weight is a statement of our opinion only. This information is given as a guide and Bidders should satisfy themselves with regard to this information as to its accuracy.
Signatures 1. A diamond brooch, by Kutchinsky
When the maker’s name appears in the title, in Bonhams’ opinion the piece is by that maker.
2. A diamond brooch, signed Kutchinsky
Has a signature that, in Bonhams’ opinion, is authentic but may contain gemstones that are not original, or the piece may have been altered.
3. A diamond brooch, mounted by Kutchinsky
Has been created by the jeweller, in Bonhams’ opinion, but using stones or designs supplied by the client.
20. PHOTOGRAPHS Explanation of Catalogue Terms
• “Bill Brandt”: in our opinion a work by the artist. • “Attributed to Bill Brandt”: in our opinion probably a work by the artist, but less certainty to authorship is expressed than in the preceding category. • “Signed and/or titled and/or dated and/or inscribed”: in our opinion the signature and/or title and/or date and/or inscription are in the artist’s hand. • “Signed and/or titled and/or dated and/or inscribed in another hand”: in our opinion the signature and/or title and/ or date and/or inscription have been added by another hand. • The date given is that of the image (negative). Where no further date is given, this indicates that the photographic print is vintage (the term “vintage” may also be included in the Lot Description). A vintage photograph is one which was made within approximately 5-10 years of the negative. Where a second, later date appears, this refers to the date of printing. Where the exact printing date is not known, but understood to be later, “printed later” will appear in the Lot Description. • Unless otherwise specified, dimensions given are those of the piece of paper on which the image is printed, including any margins. Some photographs may appear in the Catalogue without margins illustrated. • All photographs are sold unframed unless stated in the Lot Description.
21. PICTURES Explanation of Catalogue Terms
The following terms used in the Catalogue have the following meanings but are subject to the general provisions relating to Descriptions contained in the Contract for Sale: • “Jacopo Bassano”: in our opinion a work by the artist. When the artist’s forename(s) is not known, a series of asterisks, followed by the surname of the artist, whether preceded by an initial or not, indicates that in our opinion the work is by the artist named; • “Attributed to Jacopo Bassano”: in our opinion probably a work by the artist but less certainty as to authorship is expressed than in the preceding category; • “Studio/Workshop of Jacopo Bassano”: in our opinion a work by an unknown hand in a studio of the artist which may or may not have been executed under the artist’s direction; • “Circle of Jacopo Bassano”: in our opinion a work by a hand closely associated with a named artist but not necessarily his pupil; • “Follower of Jacopo Bassano”: in our opinion a work by a painter working in the artist’s style, contemporary or nearly contemporary, but not necessarily his pupil; • “Manner of Jacopo Bassano”: in our opinion a work in the style of the artist and of a later date; • “After Jacopo Bassano”: in our opinion, a copy of a known work of the artist; • “Signed and/or dated and/or inscribed”: in our opinion the signature and/or date and/or inscription are from the hand of the artist; • “Bears a signature and/or date and/or inscription”: in our opinion the signature and/or date and/or inscription have been added by another hand.
22. PORCELAIN AND GLASS Damage and Restoration
For your guidance, in our Catalogues we detail, as far as practicable, recorded all significant defects, cracks and restoration. Such practicable Descriptions of damage cannot be definitive, and in providing Condition Reports, we cannot Guarantee that there are no other defects present which have not been mentioned. Bidders should satisfy themselves by inspection, as to the condition of each Lot. Please see the Contract for Sale printed in this Catalogue. Because of the difficulty in determining whether an item of glass has been repolished, in our Catalogues reference is only made to visible chips and cracks. No mention is made of repolishing, severe or otherwise.
23. VEHICLES The Veteran Car Club of Great Britain Dating Plates and Certificates
When mention is made of a Veteran Car Club Dating Plate or Dating Certificate in this Catalogue, it should be borne in mind that the Veteran Car Club of Great Britain using the services of Veteran Car Company Ltd, does from time to time, review cars already dated and, in some instances, where fresh evidence becomes available, the review can result in an alteration of date. Whilst the Club and Veteran Car Company Ltd make every effort to ensure accuracy, the date shown on the Dating Plate or Dating Certificate cannot be guaranteed as correct and intending purchasers should make their own enquiries as to the date of the car.
It is not our policy to inspect every unopened case. In the case of wines older than 20 years the boxes will usually have been opened and levels and appearance noted in the Catalogue where necessary. You should make proper allowance for variations in ullage levels and conditions of corks, capsules and labels.
Corks and Ullages
Ullage refers to the space between the base of the cork and the wine. Ullage levels for Bordeaux shaped bottles are only normally noted when below the neck and for Burgundy, Alsace, German and Cognac shaped bottles when greater than 4 centimetres (cm). Acceptable ullage levels increase with age; generally acceptable levels are as follows: Under 15 years old – into neck or less than 4cm 15 to 30 years old – top shoulder (ts) or up to 5cm Over 30 years old – high shoulder (hs) or up to 6cm It should be noted that ullages may change between publication of the Catalogue and the Sale and that corks may fail as a result of transporting the wine. We will only accept responsibility for Descriptions of condition at the time of publication of the Catalogue and cannot accept responsibility for any loss resulting from failure of corks either before or after this point.
Options to buy parcels
A parcel is a number of Lots of identical size of the same wine, bottle size and Description. The Buyer of any of these Lots has the option to accept some or all of the remaining Lots in the parcel at the same price, although such options will be at the Auctioneer’s sole discretion. Absentee Bidders are, therefore, advised to bid on the first Lot in a parcel.
Wines in Bond
Wines lying in Bond are marked Δ and VAT is payable by the purchaser, at the standard rate, on the Hammer Price, unless the wines are to remain under Bond. Buyers requiring their wine to remain in Bond must notify Bonhams at the time of the Sale. The Buyer is then himself responsible for all duty, clearance VAT and other charges that may be payable thereon. All such Lots must be transferred or collected within two weeks of the Sale. Buyers outside the UK must be aware that any forwarding agent appointed to export their purchases must have a movement certificate for Lots to be released under Bond.
Bottling Details and Case Terms
The following terms used in the Catalogue have the following meanings: CB – Château bottled DB – Domaine bottled EstB – Estate bottled BB – Bordeaux bottled BE – Belgian bottled FB – French bottled GB – German bottled OB – Oporto bottled UK – United Kingdom bottled owc – original wooden case iwc – individual wooden case oc – original carton
24. WINE Lots which are lying under Bond and those liable to VAT may not be available for immediate collection.
Examining the wines
It is occasionally possible to provide a pre-Sale tasting for larger parcels (as defined below). This is generally limited to more recent and everyday drinking wines. Please contact the department for details.
NTB/MAIN/01.16
SYMBOLS
2
SELLER’S UNDERTAKINGS
THE FOLLOWING SYMBOLS ARE USED TO DENOTE
2.1
The Seller undertakes to you that:
2.1.1
the Seller is the owner of the Lot or is duly authorised to sell the Lot by the owner;
2.1.2
save as disclosed in the Entry for the Lot in the Catalogue, the Seller sells the Lot with full title guarantee or, where the Seller is an executor, trustee, liquidator, receiver or administrator, with whatever right, title or interest he may have in the Lot;
2.1.3
except where the Sale is by an executor, trustee, liquidator, receiver or administrator the Seller is both legally entitled to sell the Lot, and legally capable of conferring on you quiet possession of the Lot and that the Sale conforms in every respect with the terms implied by the Sale of Goods Act 1979, Sections 12(1) and 12(2) (see the Definitions and Glossary);
Y W
≈
Δ AR
○
▲ Ф
Subject to CITES regulations when exporting these items outside the EU, see clause 13. Objects displayed with a w will be located in the Bonhams Warehouse and will only be available for collection from this location. Please note that as a result of recent legislation ruby and jadeite gem stones of Burmese (Myanmar) origin may not be imported into the US. Rubies and jadeite of nonBurmese origin require certification before import into the US. Wines lying in Bond. An Additional Premium will be payable to us by the Buyer to cover our Expenses relating to payment of royalties under the Artists Resale Right Regulations 2006. See clause 7 for details. The Seller has been guaranteed a minimum price for the Lot, either by Bonhams or a third party. This may take the form of an irrevocable bid by a third party, who may make a financial gain on a successful Sale or a financial loss if unsuccessful. Bonhams owns the Lot either wholly or partially or may otherwise have an economic interest. This lot contains or is made of ivory. The United States Government has banned the import of ivory into the USA.
•, †, *, G, Ω, a see clause 8, VAT, for details.
2.1.4
2.1.5
subject to any alterations expressly identified as such made by announcement or notice at the Sale venue or by the Notice to Bidders or by an insert in the Catalogue, the Lot corresponds with the Contractual Description of the Lot, being that part of the Entry about the Lot in the Catalogue which is in bold letters and (except for colour) with any photograph of the Lot in the Catalogue and the contents of any Condition Report which has been provided to the Buyer.
3
DESCRIPTIONS OF THE LOT
3.1
Paragraph 2.1.5 sets out what is the Contractual Description of the Lot. In particular, the Lot is not sold as corresponding with that part of the Entry in the Catalogue which is not printed in bold letters, which merely sets out (on the Seller’s behalf) Bonhams’ opinion about the Lot and which is not part of the Contractual Description upon which the Lot is sold. Any statement or representation other than that part of the Entry referred to in paragraph 2.1.5 (together with any express alteration to it as referred to in paragraph 2.1.5), including any Description or Estimate, whether made orally or in writing, including in the Catalogue or on Bonhams’ Website, or by conduct, or otherwise, and whether by or on behalf of the Seller or Bonhams and whether made prior to or during the Sale, is not part of the Contractual Description upon which the Lot is sold.
DATA PROTECTION – USE OF YOUR INFORMATION Where we obtain any personal information about you, we shall only use it in accordance with the terms of our Privacy Policy (subject to any additional specific consent(s) you may have given at the time your information was disclosed). A copy of our Privacy Policy can be found on our Website www. bonhams.com or requested by post from Customer Services Department, 101 New Bond Street, London, W1S 1SR or by email from info@bonhams.com
APPENDIX 1 CONTRACT FOR SALE IMPORTANT: These terms may be changed in advance of
the Sale of the Lot to you, by the setting out of different terms in the Catalogue for the Sale and/or by placing an insert in the Catalogue and/or by notices at the Sale venue and/or by oral announcements before and during the Sale at the Sale venue. You should be alert to this possibility of changes and ask in advance of bidding if there have been any. Under this contract the Seller’s liability in respect of the quality of the Lot, it’s fitness for any purpose and its conformity with any Description is limited. You are strongly advised to examine the Lot for yourself and/or obtain an independent examination of it before you buy it.
1
THE CONTRACT
1.1
These terms govern the Contract for Sale of the Lot by the Seller to the Buyer.
1.2
1.3
1.4
3.2
The Definitions and Glossary contained in Appendix 3 in the Catalogue are incorporated into this Contract for Sale and a separate copy can also be provided by Bonhams on request. Where words and phrases are used which are in the List of Definitions, they are printed in italics. The Seller sells the Lot as the principal to the Contract for Sale, such contract being made between the Seller and you through Bonhams which acts in the sole capacity as the Seller’s agent and not as an additional principal. However, if the Catalogue states that Bonhams sells the Lot as principal, or such a statement is made by an announcement by the Auctioneer, or by a notice at the Sale, or an insert in the Catalogue, then Bonhams is the Seller for the purposes of this agreement. The contract is made on the fall of the Auctioneer’s hammer in respect of the Lot when it is knocked down to you.
the Seller has complied with all requirements, legal or otherwise, relating to any export or import of the Lot, and all duties and taxes in respect of the export or import of the Lot have (unless stated to the contrary in the Catalogue or announced by the Auctioneer) been paid and, so far as the Seller is aware, all third parties have complied with such requirements in the past;
Except as provided in paragraph 2.1.5, the Seller does not make or give and does not agree to make or give any contractual promise, undertaking, obligation, guarantee, warranty, or representation of fact, or undertake any duty of care, in relation to any Description of the Lot or any Estimate in relation to it, nor of the accuracy or completeness of any Description or Estimate which may have been made by or on behalf of the Seller including by Bonhams. No such Description or Estimate is incorporated into this Contract for Sale.
4
FITNESS FOR PURPOSE AND SATISFACTORY QUALITY
4.1
The Seller does not make and does not agree to make any contractual promise, undertaking, obligation, guarantee, warranty, or representation of fact in relation to the satisfactory quality of the Lot or its fitness for any purpose.
4.2
The Seller will not be liable for any breach of any undertaking, whether implied by the Sale of Goods Act 1979 or otherwise, as to the satisfactory quality of the Lot or its fitness for any purpose.
5
RISK, PROPERTY AND TITLE
5.1
Risk in the Lot passes to you when it is knocked down to you on the fall of the Auctioneer’s hammer in respect of the Lot. The Seller will not be responsible thereafter for the Lot prior to you collecting it from Bonhams or the Storage Contractor, with whom you have separate contract(s) as Buyer. You will indemnify the Seller and keep the Seller fully indemnified from and against all claims, proceedings, costs, expenses and losses arising in respect of any injury, loss and damage caused to the Lot after the fall of the Auctioneer’s hammer until you obtain full title to it.
5.2
Title to the Lot remains in and is retained by the Seller until the Purchase Price and all other sums payable by you to Bonhams in relation to the Lot have been paid in full to, and received in cleared funds by, Bonhams.
6
PAYMENT
6.1
Your obligation to pay the Purchase Price arises when the Lot is knocked down to you on the fall of the Auctioneer’s hammer in respect of the Lot.
6.2
Time will be of the essence in relation to payment of the Purchase Price and all other sums payable by you to Bonhams. Unless agreed in writing with you by Bonhams on the Seller’s behalf (in which case you must comply with the terms of that agreement), all such sums must be paid to Bonhams by you in the currency in which the Sale was conducted by not later than 4.30pm on the second working day following the Sale and you must ensure that the funds are cleared by the seventh working day after the Sale. Payment must be made to Bonhams by one of the methods stated in the Notice to Bidders unless otherwise agreed with you in writing by Bonhams. If you do not pay any sums due in accordance with this paragraph, the Seller will have the rights set out in paragraph 8 below.
7
COLLECTION OF THE LOT
7.1
Unless otherwise agreed in writing with you by Bonhams, the Lot will be released to you or to your order only when Bonhams has received cleared funds to the amount of the full Purchase Price and all other sums owed by you to the Seller and to Bonhams.
7.2
The Seller is entitled to withhold possession from you of any other Lot he has sold to you at the same or at any other Sale and whether currently in Bonhams’ possession or not until payment in full and in cleared funds of the Purchase Price and all other sums due to the Seller and/or Bonhams in respect of the Lot.
7.3
You will collect and remove the Lot at your own expense from Bonhams’ custody and/ or control or from the Storage Contractor’s custody in accordance with Bonhams’ instructions or requirements.
7.4
You will be wholly responsible for packing, handling and transport of the Lot on collection and for complying with all import or export regulations in connection with the Lot.
7.5
You will be wholly responsible for any removal, storage or other charges or Expenses incurred by the Seller if you do not remove the Lot in accordance with this paragraph 7 and will indemnify the Seller against all charges, costs, including any legal costs and fees, Expenses and losses suffered by the Seller by reason of your failure to remove the Lot including any charges due under any Storage Contract. All such sums due to the Seller will be payable on demand. NTB/MAIN/01.16
8
FAILURE TO PAY FOR THE LOT
9
THE SELLER’S LIABILITY
8.1
If the Purchase Price for a Lot is not paid to Bonhams in full in accordance with the Contract for Sale the Seller will be entitled, with the prior written agreement of Bonhams but without further notice to you, to exercise one or more of the following rights (whether through Bonhams or otherwise):
9.1
The Seller will not be liable for any injury, loss or damage caused by the Lot after the fall of the Auctioneer’s hammer in respect of the Lot.
9.2
Subject to paragraph 9.3 below, except for breach of the express undertaking provided in paragraph 2.1.5, the Seller will not be liable for any breach of any term that the Lot will correspond with any Description applied to it by or on behalf of the Seller, whether implied by the Sale of Goods Act 1979 or otherwise.
8.1.1
to terminate immediately the Contract for Sale of the Lot for your breach of contract;
8.1.2
to resell the Lot by auction, private treaty or any other means on giving seven days’ written notice to you of the intention to resell;
9.3
Unless the Seller sells the Lot in the course of a Business and the Buyer buys it as a Consumer,
8.1.3
to retain possession of the Lot;
9.3.1
8.1.4
to remove and store the Lot at your expense;
8.1.5
to take legal proceedings against you for any sum due under the Contract for Sale and/or damages for breach of contract;
8.1.6
to be paid interest on any monies due (after as well as before judgement or order) at the annual rate of 5% per annum above the base rate of National Westminster Bank Plc from time to time to be calculated on a daily basis from the date upon which such monies become payable until the date of actual payment;
the Seller will not be liable (whether in negligence, other tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Act 1967, or in any other way) for any lack of conformity with, or inaccuracy, error, misdescription or omission in any Description of the Lot or any Entry or Estimate in relation to the Lot made by or on behalf of the Seller (whether made in writing, including in the Catalogue, or on the Website, or orally, or by conduct or otherwise) and whether made before or after this agreement or prior to or during the Sale;
8.1.7
8.1.8
8.1.9
to repossess the Lot (or any part thereof) which has not become your property, and for this purpose (unless the Buyer buys the Lot as a Consumer from the Seller selling in the course of a Business) you hereby grant an irrevocable licence to the Seller by himself and to his servants or agents to enter upon all or any of your premises (with or without vehicles) during normal Business hours to take possession of the Lot or part thereof; to retain possession of any other property sold to you by the Seller at the Sale or any other auction or by private treaty until all sums due under the Contract for Sale shall have been paid in full in cleared funds;
9.3.3
to retain possession of, and on seven days written notice to sell, Without Reserve, any of your other property in the possession of the Seller and/or of Bonhams (as bailee for the Seller) for any purpose (including, without limitation, other goods sold to you) and to apply any monies due to you as a result of such Sale in satisfaction or part satisfaction of any amounts owed to the Seller or to Bonhams; and
8.1.10
so long as such goods remain in the possession of the Seller or Bonhams as its bailee, to rescind the contract for the Sale of any other goods sold to you by the Seller at the Sale or at any other auction or by private treaty and apply any monies received from you in respect of such goods in part or full satisfaction of any amounts owed to the Seller or to Bonhams by you.
8.2
You agree to indemnify the Seller against all legal and other costs of enforcement, all losses and other Expenses and costs (including any monies payable to Bonhams in order to obtain the release of the Lot) incurred by the Seller (whether or not court proceedings will have been issued) as a result of Bonhams taking steps under this paragraph 8 on a full indemnity basis together with interest thereon (after as well as before judgement or order) at the rate specified in paragraph 8.1.6 from the date upon which the Seller becomes liable to pay the same until payment by you.
8.3
9.3.2
On any resale of the Lot under paragraph 8.1.2, the Seller will account to you in respect of any balance remaining from any monies received by him or on his behalf in respect of the Lot, after the payment of all sums due to the Seller and to Bonhams, within 28 days of receipt of such monies by him or on his behalf.
the Seller will not be liable for any loss of Business, Business profits or revenue or income or for loss of reputation or for disruption to Business or wasted time on the part of the Buyer or of the Buyer’s management or staff or, for any indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract, statutory duty, restitutionary claim or otherwise; in any circumstances where the Seller is liable to you in respect of the Lot, or any act, omission, statement, or representation in respect of it, or this agreement or its performance, and whether in damages, for an indemnity or contribution or for a restitutionary remedy or in any way whatsoever, the Seller’s liability will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from any negligence, other tort, breach of contract, statutory duty, bailee’s duty, restitutionary claim or otherwise.
9.4
Nothing set out in paragraphs 9.1 to 9.3 above will be construed as excluding or restricting (whether directly or indirectly) any person’s liability or excluding or restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by the Seller’s negligence (or any person under the Seller’s control or for whom the Seller is legally responsible), or (iii) acts or omissions for which the Seller is liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law.
10
MISCELLANEOUS
10.1
You may not assign either the benefit or burden of the Contract for Sale.
10.2
The Seller’s failure or delay in enforcing or exercising any power or right under the Contract for Sale will not operate or be deemed to operate as a waiver of his rights under it except to the extent of any express waiver given to you in writing. Any such waiver will not affect the Seller’s ability subsequently to enforce any right arising under the Contract for Sale.
10.3
If either party to the Contract for Sale is prevented from performing that party’s respective obligations under the Contract for Sale by circumstances beyond its reasonable control or if performance of its obligations would by reason of such circumstances give rise to a significantly increased financial cost to it, that party will not, for so long as such circumstances prevail, be required to perform such obligations. This paragraph does not apply to the obligations imposed on you by paragraph 6.
10.4
Any notice or other communication to be given under the Contract for Sale must be in writing and may be delivered by hand or sent by first class post or air mail or fax transmission, if to the Seller, addressed c/o Bonhams at its address or fax number in the Catalogue (marked for the attention of the Company Secretary), and if to you to the address or fax number of the Buyer given in the Bidding Form (unless notice of any change of address is given in writing). It is the responsibility of the sender of the notice or communication to ensure that it is received in a legible form within any applicable time period.
10.5
If any term or any part of any term of the Contract for Sale is held to be unenforceable or invalid, such unenforceability or invalidity will not affect the enforceability and validity of the remaining terms or the remainder of the relevant term.
10.6
References in the Contract for Sale to Bonhams will, where appropriate, include reference to Bonhams’ officers, employees and agents.
10.7
The headings used in the Contract for Sale are for convenience only and will not affect its interpretation.
10.8
In the Contract for Sale “including” means “including, without limitation”.
10.9
References to the singular will include reference to the plural (and vice versa) and reference to any one gender will include reference to the other genders.
10.10
Reference to a numbered paragraph is to a paragraph of the Contract for Sale.
10.11
Save as expressly provided in paragraph 10.12 nothing in the Contract for Sale confers (or purports to confer) on any person who is not a party to the Contract for Sale any benefit conferred by, or the right to enforce any term of, the Contract for Sale.
10.12
Where the Contract for Sale confers an immunity from, and/or an exclusion or restriction of, the responsibility and/or liability of the Seller, it will also operate in favour and for the benefit of Bonhams, Bonhams’ holding company and the subsidiaries of such holding company and the successors and assigns of Bonhams and of such companies and of any officer, employee and agent of Bonhams and such companies, each of whom will be entitled to rely on the relevant immunity and/or exclusion and/or restriction within and for the purposes of Contracts (Rights of Third Parties) Act 1999, which enables the benefit of a contract to be extended to a person who is not a party to the contract, and generally at law.
11
GOVERNING LAW All transactions to which the Contract for Sale applies and all connected matters will be governed by and construed in accordance with the laws of that part of the United Kingdom where the Sale takes place and the Seller and you each submit to the exclusive jurisdiction of the courts of that part of the United Kingdom, save that the Seller may bring proceedings against you in any other court of competent jurisdiction to the extent permitted by the laws of the relevant jurisdiction. Bonhams has a complaints procedure in place.
NTB/MAIN/01.16
APPENDIX 2
3
PAYMENT
BUYER’S AGREEMENT
3.1
Unless agreed in writing between you and us or as otherwise set out in the Notice to Bidders, you must pay to us by not later than 4.30pm on the second working day following the Sale:
3.1.1
the Purchase Price for the Lot;
3.1.2
a Buyer’s Premium in accordance with the rates set out in the Notice to Bidders on each lot, and
3.1.3
if the Lot is marked [AR], an Additional Premium which is calculated and payable in accordance with the Notice to Bidders together with VAT on that sum if applicable so that all sums due to us are cleared funds by the seventh working day after the Sale.
IMPORTANT: These terms may be changed in advance of
the Sale of the Lot to you, by the setting out of different terms in the Catalogue for the Sale and/or by placing an insert in the Catalogue and/or by notices at the Sale venue and/or by oral announcements before and during the Sale at the Sale venue. You should be alert to this possibility of changes and ask in advance of bidding if there have been any.
1
THE CONTRACT
1.1
These terms govern the contract between Bonhams personally and the Buyer, being the person to whom a Lot has been knocked down by the Auctioneer.
1.2
The Definitions and Glossary contained in Appendix 3 to the Catalogue for the Sale are incorporated into this agreement and a separate copy can also be provided by us on request. Where words and phrases which are defined in the List of Definitions are used in this agreement, they are printed in italics. Reference is made in this agreement to information printed in the Notice to Bidders, printed in the Catalogue for the Sale, and where such information is referred to it is incorporated into this agreement.
1.3
Except as specified in paragraph 4 of the Notice to Bidders the Contract for Sale of the Lot between you and the Seller is made on the fall of the Auctioneer’s hammer in respect of the Lot, when it is knocked down to you. At that moment a separate contract is also made between you and Bonhams on the terms in this Buyer’s Agreement.
1.4
We act as agents for the Seller and are not answerable or personally responsible to you for any breach of contract or other default by the Seller, unless Bonhams sells the Lot as principal.
1.5
Our personal obligations to you are governed by this agreement and we agree, subject to the terms below, to the following obligations:
1.5.1
1.5.2
You must also pay us on demand any Expenses payable pursuant to this agreement.
3.3
All payments to us must be made in the currency in which the Sale was conducted, using, unless otherwise agreed by us in writing, one of the methods of payment set out in the Notice to Bidders. Our invoices will only be addressed to the registered Bidder unless the Bidder is acting as an agent for a named principal and we have approved that arrangement, in which case we will address the invoice to the principal.
3.4
Unless otherwise stated in this agreement all sums payable to us will be subject to VAT at the appropriate rate and VAT will be payable by you on all such sums.
3.5
We may deduct and retain for our own benefit from the monies paid by you to us the Buyer’s Premium, the Commission payable by the Seller in respect of the Lot, any Expenses and VAT and any interest earned and/or incurred until payment to the Seller.
3.6
Time will be of the essence in relation to any payment payable to us. If you do not pay the Purchase Price, or any other sum due to us in accordance with this paragraph 3, we will have the rights set out in paragraph 7 below.
we will, until the date and time specified in the Notice to Bidders or otherwise notified to you, store the Lot in accordance with paragraph 5;
3.7
subject to any power of the Seller or us to refuse to release the Lot to you, we will release the Lot to you in accordance with paragraph 4 once you have paid to us, in cleared funds, everything due to us and the Seller;
Where a number of Lots have been knocked down to you, any monies we receive from you will be applied firstly pro-rata to pay the Purchase Price of each Lot and secondly pro-rata to pay all amounts due to Bonhams.
4
COLLECTION OF THE LOT
4.1
Subject to any power of the Seller or us to refuse to release the Lot to you, once you have paid to us, in cleared funds, everything due to the Seller and to us, we will release the Lot to you or as you may direct us in writing. The Lot will only be released on production of a buyer collection document, obtained from our cashier’s office.
4.2
You must collect and remove the Lot at your own expense by the date and time specified in the Notice to Bidders, or if no date is specified, by 4.30pm on the seventh day after the Sale.
4.3
For the period referred to in paragraph 4.2, the Lot can be collected from the address referred to in the Notice to Bidders for collection on the days and times specified in the Notice to Bidders. Thereafter, the Lot may be removed elsewhere for storage and you must enquire from us as to when and where you can collect it, although this information will usually be set out in the Notice to Bidders.
1.5.3
we will provide guarantees in the terms set out in paragraphs 9 and 10.
1.6
We do not make or give and do not agree to make or give any contractual promise, undertaking, obligation, Guarantee, warranty, representation of fact in relation to any Description of the Lot or any Estimate in relation to it, nor of the accuracy or completeness of any Description or Estimate which may have been made by us or on our behalf or by or on behalf of the Seller (whether made orally or in writing, including in the Catalogue or on Bonhams’ Website, or by conduct, or otherwise), and whether made before or after this agreement or prior to or during the Sale. No such Description or Estimate is incorporated into this agreement between you and us. Any such Description or Estimate, if made by us or on our behalf, was (unless Bonhams itself sells the Lot as principal) made as agent on behalf of the Seller.
2
3.2
PERFORMANCE OF THE CONTRACT FOR SALE
4.4
If you have not collected the Lot by the date specified in the Notice to Bidders, you authorise us, acting as your agent and on your behalf, to enter into a contract (the “Storage Contract”) with the Storage Contractor for the storage of the Lot on the then current standard terms and conditions agreed between Bonhams and the Storage Contractor (copies of which are available on request). If the Lot is stored at our premises storage fees at our current daily rates (currently a minimum of £3 plus VAT per Lot per day) will be payable from the expiry of the period referred to in paragraph 4.2. These storage fees form part of our Expenses.
4.5
Until you have paid the Purchase Price and any Expenses in full the Lot will either be held by us as agent on behalf of the Seller or held by the Storage Contractor as agent on behalf of the Seller and ourselves on the terms contained in the Storage Contract.
4.6
You undertake to comply with the terms of any Storage Contract and in particular to pay the charges (and all costs of moving the Lot into storage) due under any Storage Contract. You acknowledge and agree that you will not be able to collect the Lot from the Storage Contractor’s premises until you have paid the Purchase Price, any Expenses and all charges due under the Storage Contract.
4.7
You will be wholly responsible for packing, handling and transport of the Lot on collection and for complying with all import or export regulations in connection with the Lot.
4.8
You will be wholly responsible for any removal, storage, or other charges for any Lot not removed in accordance with paragraph 4.2, payable at our current rates, and any Expenses we incur (including any charges due under the Storage Contract), all of which must be paid by you on demand and in any event before any collection of the Lot by you or on your behalf.
5
STORING THE LOT We agree to store the Lot until the earlier of your removal of the Lot or until the time and date set out in the Notice to Bidders, on the Sale Information Page or at the back of the catalogue (or if no date is specified, by 4.30pm on the seventh day after the Sale) and, subject to paragraphs 6 and 10, to be responsible as bailee to you for damage to or the loss or destruction of the Lot (notwithstanding that it is not your property before payment of the Purchase Price). If you do not collect the Lot before the time and date set out in the Notice to Bidders (or if no date is specified, by 4.30pm on the seventh day after the Sale) we may remove the Lot to another location, the details of which will usually be set out in the relevant section of the Catalogue. If you have not paid for the Lot in accordance with paragraph 3, and the Lot is moved to any third party’s premises, the Lot will be held by such third party strictly to Bonhams’ order and we will retain our lien over the Lot until we have been paid in full in accordance with paragraph 3.
6
RESPONSIBILITY FOR THE LOT
6.1
Only on the payment of the Purchase Price to us will title in the Lot pass to you. However under the Contract for Sale, the risk in the Lot passed to you when it was knocked down to you.
6.2
You are advised to obtain insurance in respect of the Lot as soon as possible after the Sale.
You undertake to us personally that you will observe and comply with all your obligations and undertakings to the Seller under the Contract for Sale in respect of the Lot.
NTB/MAIN/01.16
7
FAILURE TO PAY OR TO REMOVE THE LOT AND PART PAYMENTS
7.1
If all sums payable to us are not so paid in full at the time they are due and/or the Lot is not removed in accordance with this agreement, we will without further notice to you be entitled to exercise one or more of the following rights (without prejudice to any rights we may exercise on behalf of the Seller):
7.1.1
to terminate this agreement immediately for your breach of contract;
7.1.2
to retain possession of the Lot;
7.1.3
to remove, and/or store the Lot at your expense;
7.1.4
to take legal proceedings against you for payment of any sums payable to us by you (including the Purchase Price) and/or damages for breach of contract;
7.1.5
to be paid interest on any monies due to us (after as well as before judgement or order) at the annual rate of 5% per annum above the base lending rate of National Westminster Bank Plc from time to time to be calculated on a daily basis from the date upon which such monies become payable until the date of actual payment;
7.1.6
to repossess the Lot (or any part thereof) which has not become your property, and for this purpose (unless you buy the Lot as a Consumer) you hereby grant an irrevocable licence to us, by ourselves, our servants or agents, to enter upon all or any of your premises (with or without vehicles) during normal business hours to take possession of any Lot or part thereof;
7.1.7
to sell the Lot Without Reserve by auction, private treaty or any other means on giving you three months’ written notice of our intention to do so;
7.1.8
to retain possession of any of your other property in our possession for any purpose (including, without limitation, other goods sold to you or with us for Sale) until all sums due to us have been paid in full;
7.1.9
to apply any monies received from you for any purpose whether at the time of your default or at any time thereafter in payment or part payment of any sums due to us by you under this agreement;
7.1.10
on three months’ written notice to sell, Without Reserve, any of your other property in our possession or under our control for any purpose (including other goods sold to you or with us for Sale) and to apply any monies due to you as a result of such Sale in payment or part payment of any amounts owed to us;
7.1.11
7.2
refuse to allow you to register for a future Sale or to reject a bid from you at any future Sale or to require you to pay a deposit before any bid is accepted by us at any future Sale in which case we will be entitled to apply such deposit in payment or part payment, as the case may be, of the Purchase Price of any Lot of which you are the Buyer. You agree to indemnify us against all legal and other costs, all losses and all other Expenses (whether or not court proceedings will have been issued) incurred by us as a result of our taking steps under this paragraph 7 on a full indemnity basis together with interest thereon (after as well as before judgement or order) at the rate specified in paragraph 7.1.5 from the date upon which we become liable to pay the same until payment by you.
7.3
If you pay us only part of the sums due to us such payment shall be applied firstly to the Purchase Price of the Lot (or where you have purchased more than one Lot pro-rata towards the Purchase Price of each Lot) and secondly to the Buyer’s Premium (or where you have purchased more than one Lot pro-rata to the Buyer’s Premium on each Lot) and thirdly to any other sums due to us.
9.3
Paragraph 9 will not apply in respect of a Forgery if:
9.3.1
the Entry in relation to the Lot contained in the Catalogue reflected the then accepted general opinion of scholars and experts or fairly indicated that there was a conflict of such opinion or reflected the then current opinion of an expert acknowledged to be a leading expert in the relevant field; or
7.4
We will account to you in respect of any balance we hold remaining from any monies received by us in respect of any Sale of the Lot under our rights under this paragraph 7 after the payment of all sums due to us and/or the Seller within 28 days of receipt by us of all such sums paid to us.
9.3.2
it can be established that the Lot is a Forgery only by means of a process not generally accepted for use until after the date on which the Catalogue was published or by means of a process which it was unreasonable in all the circumstances for us to have employed.
8
CLAIMS BY OTHER PERSONS IN RESPECT OF THE LOT
9.4
8.1
Whenever it becomes apparent to us that the Lot is the subject of a claim by someone other than you and other than the Seller (or that such a claim can reasonably be expected to be made), we may, at our absolute discretion, deal with the Lot in any manner which appears to us to recognise the legitimate interests of ourselves and the other parties involved and lawfully to protect our position and our legitimate interests. Without prejudice to the generality of the discretion and by way of example, we may:
You authorise us to carry out such processes and tests on the Lot as we in our absolute discretion consider necessary to satisfy ourselves that the Lot is or is not a Forgery.
9.5
If we are satisfied that a Lot is a Forgery we will (as principal) purchase the Lot from you and you will transfer the title to the Lot in question to us, with full title guarantee, free from any liens, charges, encumbrances and adverse claims, in accordance with the provisions of Sections 12(1) and 12(2) of the Sale of Goods Act 1979 and we will pay to you an amount equal to the sum of the Purchase Price, Buyer’s Premium, VAT and Expenses paid by you in respect of the Lot.
9.6
The benefit of paragraph 9 is personal to, and incapable of assignment by, you.
9.7
If you sell or otherwise dispose of your interest in the Lot, all rights and benefits under this paragraph will cease.
9.8
Paragraph 9 does not apply to a Lot made up of or including a Chinese painting or Chinese paintings, a motor vehicle or motor vehicles, a Stamp or Stamps or a Book or Books.
8.1.1
retain the Lot to investigate any question raised or reasonably expected by us to be raised in relation to the Lot; and/or
8.1.2
deliver the Lot to a person other than you; and/or
8.1.3
commence interpleader proceedings or seek any other order of any court, mediator, arbitrator or government body; and/or
8.1.4
require an indemnity and/or security from you in return for pursuing a course of action agreed to by you.
8.2
The discretion referred to in paragraph 8.1:
10
OUR LIABILITY
8.2.1
may be exercised at any time during which we have actual or constructive possession of the Lot, or at any time after such possession, where the cessation of such possession has occurred by reason of any decision, order or ruling of any court, mediator, arbitrator or government body; and
10.1
8.2.2
will not be exercised unless we believe that there exists a serious prospect of a good arguable case in favour of the claim.
9
FORGERIES
We will not be liable whether in negligence, other tort, breach of contract or statutory duty or in restitution or under the Misrepresentation Act 1967 or in any other way for lack of conformity with or any inaccuracy, error, misdescription or omission in any Description of the Lot or any Entry or Estimate in respect of it, made by us or on our behalf or by or on behalf of the Seller (whether made in writing, including in the Catalogue, or on the Bonhams’ Website, or orally, or by conduct or otherwise) and whether made before or after this agreement or prior to or during the Sale.
9.1
We undertake a personal responsibility for any Forgery in accordance with the terms of this paragraph 9.
10.2
9.2
Paragraph 9 applies only if:
Our duty to you while the Lot is at your risk and/or your property and in our custody and/or control is to exercise reasonable care in relation to it, but we will not be responsible for damage to the Lot or to other persons or things caused by:
9.2.1
your name appears as the named person to whom the original invoice was made out by us in respect of the Lot and that invoice has been paid; and
10.2.1
handling the Lot if it was affected at the time of Sale to you by woodworm and any damage is caused as a result of it being affected by woodworm; or
9.2.2
you notify us in writing as soon as reasonably practicable after you have become aware that the Lot is or may be a Forgery, and in any event within one year after the Sale, that the Lot is a Forgery; and
10.2.2
changes in atmospheric pressure; nor will we be liable for:
10.2.3
damage to tension stringed musical instruments; or
within one month after such notification has been given, you return the Lot to us in the same condition as it was at the time of the Sale, accompanied by written evidence that the Lot is a Forgery and details of the Sale and Lot number sufficient to identify the Lot.
10.2.4
damage to gilded picture frames, plaster picture frames or picture frame glass; and if the Lot is or becomes dangerous, we may dispose of it without notice to you in advance in any manner we think fit and we will be under no liability to you for doing so.
9.2.3
NTB/MAIN/01.16
10.3.1
10.3.2
Unless you buy the Lot as a Consumer, in any circumstances where we are liable to you in respect of a Lot, or any act, omission, statement, representation in respect of it, or this agreement or its performance, and whether in damages, for an indemnity or contribution or for a restitutionary remedy or in any way whatsoever, our liability will be limited to payment of a sum which will not exceed by way of maximum the amount of the Purchase Price of the Lot plus Buyer’s Premium (less any sum you may be entitled to recover from the Seller) irrespective in any case of the nature, volume or source of any loss or damage alleged to be suffered or sum claimed as due, and irrespective of whether the liability arises from negligence, other tort, breach of contract, statutory duty, bailee’s duty, a restitutionary claim or otherwise.
11
Nothing set out above will be construed as excluding or restricting (whether directly or indirectly) any person’s liability or excluding or restricting any person’s rights or remedies in respect of (i) fraud, or (ii) death or personal injury caused by our negligence (or any person under our control or for whom we are legally responsible), or (iii) acts or omissions for which we are liable under the Occupiers Liability Act 1957, or (iv) any other liability to the extent the same may not be excluded or restricted as a matter of law, or (v) under our undertaking in paragraph 9 of these conditions.
within 20 days of the date of the relevant Sale (or such longer period as we may agree in writing) you return the Lot to us in the same condition as it was at the time of the Sale, accompanied by written evidence that the Lot is a non-conforming Lot and details of the Sale and Lot number sufficient to identify the Lot.
12.9
References to the singular will include reference to the plural (and vice versa) and reference to any one gender will include reference to the other genders.
12.10
the Lot comprises atlases, maps, autographs, manuscripts, extra illustrated books, music or periodical publications; or
Reference to a numbered paragraph is to a paragraph of this agreement.
12.11
the Lot was listed in the Catalogue under “collections” or “collections and various” or the Lot was stated in the Catalogue to comprise or contain a collection, issue or Books which are undescribed or the missing text or illustrations are referred to or the relevant parts of the Book contain blanks, half titles or advertisements.
Save as expressly provided in paragraph 12.12 nothing in this agreement confers (or purports to confer) on any person who is not a party to this agreement any benefit conferred by, or the right to enforce any term of, this agreement.
12.12
Where this agreement confers an immunity from, and/or an exclusion or restriction of, the responsibility and/or liability of Bonhams, it will also operate in favour and for the benefit of Bonhams’ holding company and the subsidiaries of such holding company and the successors and assigns of Bonhams and of such companies and of any officer, employee and agent of Bonhams and such companies, each of whom will be entitled to rely on the relevant immunity and/or exclusion and/or restriction within and for the purposes of Contracts (Rights of Third Parties) Act 1999, which enables the benefit of a contract to be extended to a person who is not a party to the contract, and generally at law.
13
GOVERNING LAW
12
MISCELLANEOUS
12.1
You may not assign either the benefit or burden of this agreement.
12.2
Our failure or delay in enforcing or exercising any power or right under this agreement will not operate or be deemed to operate as a waiver of our rights under it except to the extent of any express waiver given to you in writing. Any such waiver will not affect our ability subsequently to enforce any right arising under this agreement.
12.3
12.4
If either party to this agreement is prevented from performing that party’s respective obligations under this agreement by circumstances beyond its reasonable control or if performance of its obligations would by reason of such circumstances give rise to a significantly increased financial cost to it, that party will not, for so long as such circumstances prevail, be required to perform such obligations. This paragraph does not apply to the obligations imposed on you by paragraph 3. Any notice or other communication to be given under this agreement must be in writing and may be delivered by hand or sent by first class post or air mail or fax transmission (if to Bonhams marked for the attention of the Company Secretary), to the address or fax number of the relevant party given in the Contract Form (unless notice of any change of address is given in writing). It is the responsibility of the sender of the notice or communication to ensure that it is received in a legible form within any applicable time period.
12.5
If any term or any part of any term of this agreement is held to be unenforceable or invalid, such unenforceability or invalidity will not affect the enforceability and validity of the remaining terms or the remainder of the relevant term.
12.6
References in this agreement to Bonhams will, where appropriate, include reference to Bonhams’ officers, employees and agents.
but not if: the Entry in the Catalogue in respect of the Lot indicates that the rights given by this paragraph do not apply to it; or
In this agreement “including” means “including, without limitation”.
The benefit of paragraph 10 is personal to, and incapable of assignment by, you and if you sell or otherwise dispose of your interest in the Lot, all rights and benefits under this paragraph will cease.
the original invoice was made out by us to you in respect of the Lot and that invoice has been paid; and you notify us in writing as soon as reasonably practicable after you have become aware that the Lot is or may be a non-conforming Lot, and in any event within 20 days after the Sale (or such longer period as we may agree in writing) that the Lot is a non-conforming Lot; and
12.8
If we are reasonably satisfied that a Lot is a nonconforming Lot, we will (as principal) purchase the Lot from you and you will transfer the title to the Lot in question to us, with full title guarantee, free from any liens, charges, encumbrances and adverse claims and we will pay to you an amount equal to the sum of the Purchase Price and Buyer’s Premium paid by you in respect of the Lot.
BOOKS MISSING TEXT OR ILLUSTRATIONS Where the Lot is made up wholly of a Book or Books and any Book does not contain text or illustrations (in either case referred to as a “non-conforming Lot”), we undertake a personal responsibility for such a non-conforming Lot in accordance with the terms of this paragraph, if:
The headings used in this agreement are for convenience only and will not affect its interpretation.
it can be established that the Lot is a nonconforming Lot only by means of a process not generally accepted for use until after the date on which the Catalogue was published or by means of a process which it was unreasonable in all the circumstances for us to have employed; or
You may wish to protect yourself against loss by obtaining insurance. 10.4
12.7
the Entry in the Catalogue in respect of the Lot reflected the then accepted general opinion of scholars and experts or fairly indicated that there was a conflict of such opinion; or
We will not be liable to you for any loss of Business, Business profits, revenue or income or for loss of Business reputation or for disruption to Business or wasted time on the part of the Buyer’s management or staff or, if you are buying the Lot in the course of a Business, for any indirect losses or consequential damages of any kind, irrespective in any case of the nature, volume or source of the loss or damage alleged to be suffered, and irrespective of whether the said loss or damage is caused by or claimed in respect of any negligence, other tort, breach of contract, statutory duty, bailee’s duty, a restitutionary claim or otherwise.
All transactions to which this agreement applies and all connected matters will be governed by and construed in accordance with the laws of that part of the United Kingdom where the Sale takes (or is to take) place and we and you each submit to the exclusive jurisdiction of the courts of that part of the United Kingdom, save that we may bring proceedings against you in any other court of competent jurisdiction to the extent permitted by the laws of the relevant jurisdiction. Bonhams has a complaints procedure in place.
DATA PROTECTION – USE OF YOUR INFORMATION Where we obtain any personal information about you, we shall only use it in accordance with the terms of our Privacy Policy (subject to any additional specific consent(s) you may have given at the time your information was disclosed). A copy of our Privacy Policy can be found on our Website www. bonhams.com or requested by post from Customer Services Department, 101 New Bond Street, London W1S 1SR, United Kingdom or by email from info@bonhams.com.
APPENDIX 3 DEFINITIONS AND GLOSSARY Where these Definitions and Glossary are incorporated, the following words and phrases used have (unless the context otherwise requires) the meanings given to them below. The Glossary is to assist you to understand words and phrases which have a specific legal meaning with which you may not be familiar.
LIST OF DEFINITIONS “Additional Premium” a premium, calculated in accordance with the Notice to Bidders, to cover Bonhams’ Expenses relating to the payment of royalties under the Artists Resale Right Regulations 2006 which is payable by the Buyer to Bonhams on any Lot marked [AR] which sells for a Hammer Price which together with the Buyer’s Premium (but excluding any VAT) equals or exceeds 1000 euros (converted into the currency of the Sale using the European Central Bank Reference rate prevailing on the date of the Sale). “Auctioneer” the representative of Bonhams conducting the Sale.
NTB/MAIN/01.16
“Bidder” a person who has completed a Bidding Form. “Bidding Form” our Bidding Registration Form, our Absentee Bidding Form or our Telephone Bidding Form. “Bonhams” Bonhams 1793 Limited or its successors or assigns. Bonhams is also referred to in the Buyer’s Agreement, the Conditions of Business and the Notice to Bidders by the words “we”, “us” and “our”. “Book” a printed Book offered for Sale at a specialist Book Sale. “Business” includes any trade, Business and profession. “Buyer” the person to whom a Lot is knocked down by the Auctioneer. The Buyer is also referred to in the Contract for Sale and the Buyer’s Agreement by the words “you” and “your”. “Buyer’s Agreement” the contract entered into by Bonhams with the Buyer (see Appendix 2 in the Catalogue). “Buyer’s Premium” the sum calculated on the Hammer Price at the rates stated in the Notice to Bidders. “Catalogue” the Catalogue relating to the relevant Sale, including any representation of the Catalogue published on our Website. “Commission” the Commission payable by the Seller to Bonhams calculated at the rates stated in the Contract Form. “Condition Report” a report on the physical condition of a Lot provided to a Bidder or potential Bidder by Bonhams on behalf of the Seller. “Conditions of Sale” the Notice to Bidders, Contract for Sale, Buyer’s Agreement and Definitions and Glossary. “Consignment Fee” a fee payable to Bonhams by the Seller calculated at rates set out in the Conditions of Business. “Consumer” a natural person who is acting for the relevant purpose outside his trade, Business or profession. “Contract Form” the Contract Form, or vehicle Entry form, as applicable, signed by or on behalf of the Seller listing the Lots to be offered for Sale by Bonhams. “Contract for Sale” the Sale contract entered into by the Seller with the Buyer (see Appendix 1 in the Catalogue). “Contractual Description” the only Description of the Lot (being that part of the Entry about the Lot in the Catalogue which is in bold letters, any photograph (except for the colour) and the contents of any Condition Report) to which the Seller undertakes in the Contract of Sale the Lot corresponds. “Description” any statement or representation in any way descriptive of the Lot, including any statement or representation relating to its authorship, attribution, condition, provenance, authenticity, style, period, age, suitability, quality, origin, value, estimated selling price (including the Hammer Price). “Entry” a written statement in the Catalogue identifying the Lot and its Lot number which may contain a Description and illustration(s) relating to the Lot. “Estimate” a statement of our opinion of the range within which the hammer is likely to fall. “Expenses” charges and Expenses paid or payable by Bonhams in respect of the Lot including legal Expenses, banking charges and Expenses incurred as a result of an electronic transfer of money, charges and Expenses for loss and damage cover, insurance, Catalogue and other reproductions and illustrations, any customs duties, advertising, packing or shipping costs, reproductions rights’ fees, taxes, levies, costs of testing, searches or enquiries, preparation of the Lot for Sale, storage charges, removal charges, removal charges or costs of collection from the Seller as the Seller’s agents or from a defaulting Buyer, plus VAT if applicable. “Forgery” an imitation intended by the maker or any other person to deceive as to authorship, attribution, origin, authenticity, style, date, age, period, provenance, culture, source or composition, which at the date of the Sale had a value materially less than it would have had if the Lot had not been such an imitation, and which is not stated to be such an imitation in any description of the Lot. A Lot will not be a Forgery by reason of any damage to, and/or restoration and/ or modification work (including repainting or over painting) having been carried out on the Lot, where that damage, restoration or modification work (as the case may be) does not substantially affect the identity of the Lot as one conforming to the Description of the Lot. “Guarantee” the obligation undertaken personally by Bonhams to the Buyer in respect of any Forgery and, in the case of specialist Stamp Sales and/or specialist Book Sales, a Lot made up of a Stamp or Stamps or a Book or Books as set out in the Buyer’s Agreement. “Hammer Price” the price in the currency in which the Sale is conducted at which a Lot is knocked down by the Auctioneer.
“Loss and Damage Warranty” means the warranty described in paragraph 8.2 of the Conditions of Business. “Loss and Damage Warranty Fee” means the fee described in paragraph 8.2.3 of the Conditions of Business. “Lot” any item consigned to Bonhams with a view to its Sale at auction or by private treaty (and reference to any Lot will include, unless the context otherwise requires, reference to individual items comprised in a group of two or more items offered for Sale as one Lot). “Motoring Catalogue Fee” a fee payable by the Seller to Bonhams in consideration of the additional work undertaken by Bonhams in respect of the cataloguing of motor vehicles and in respect of the promotion of Sales of motor vehicles. “New Bond Street” means Bonhams’ saleroom at 101 New Bond Street, London W1S 1SR. “Notional Charges” the amount of Commission and VAT which would have been payable if the Lot had been sold at the Notional Price. “Notional Fee” the sum on which the Consignment Fee payable to Bonhams by the Seller is based and which is calculated according to the formula set out in the Conditions of Business. “Notional Price” the latest in time of the average of the high and low Estimates given by us to you or stated in the Catalogue or, if no such Estimates have been given or stated, the Reserve applicable to the Lot. “Notice to Bidders” the notice printed at the back or front of our Catalogues. “Purchase Price” the aggregate of the Hammer Price and VAT on the Hammer Price (where applicable), the Buyer’s Premium and VAT on the Buyer’s Premium and any Expenses. “Reserve” the minimum price at which a Lot may be sold (whether at auction or by private treaty). “Sale” the auction Sale at which a Lot is to be offered for Sale by Bonhams. “Sale Proceeds” the net amount due to the Seller from the Sale of a Lot, being the Hammer Price less the Commission, any VAT chargeable thereon, Expenses and any other amount due to us in whatever capacity and howsoever arising. “Seller” the person who offers the Lot for Sale named on the Contract Form. Where the person so named identifies on the form another person as acting as his agent, or where the person named on the Contract Form acts as an agent for a principal (whether such agency is disclosed to Bonhams or not), “Seller” includes both the agent and the principal who shall be jointly and severally liable as such. The Seller is also referred to in the Conditions of Business by the words “you” and “your”. “Specialist Examination” a visual examination of a Lot by a specialist on the Lot. “Stamp” means a postage Stamp offered for Sale at a Specialist Stamp Sale. “Standard Examination” a visual examination of a Lot by a non-specialist member of Bonhams’ staff. “Storage Contract” means the contract described in paragraph 8.3.3 of the Conditions of Business or paragraph 4.4 of the Buyer’s Agreement (as appropriate). “Storage Contractor” means the company identified as such in the Catalogue. “Terrorism” means any act or threatened act of terrorism, whether any person is acting alone or on behalf of or in connection with any organisation(s) and/or government(s), committed for political, religious or ideological or similar purposes including, but not limited to, the intention to influence any government and/or put the public or any section of the public into fear. “Trust Account” the bank account of Bonhams into which all sums received in respect of the Purchase Price of any Lot will be paid, such account to be a distinct and separate account to Bonhams’ normal business bank account. “VAT” value added tax at the prevailing rate at the date of the Sale in the United Kingdom. “Website” Bonhams Website at www.bonhams.com “Withdrawal Notice” the Seller’s written notice to Bonhams revoking Bonhams’ instructions to sell a Lot. “Without Reserve” where there is no minimum price at which a Lot may be sold (whether at auction or by private treaty).
GLOSSARY The following expressions have specific legal meanings with which you may not be familiar. The following glossary is intended to give you an understanding of those expressions but is not intended to limit their legal meanings:
“artist’s resale right”: the right of the creator of a work of art to receive a payment on Sales of that work subsequent to the original Sale of that work by the creator of it as set out in the Artists Resale Right Regulations 2006. “bailee”: a person to whom goods are entrusted. “indemnity”: an obligation to put the person who has the benefit of the indemnity in the same position in which he would have been, had the circumstances giving rise to the indemnity not arisen and the expression “indemnify” is construed accordingly. “interpleader proceedings”: proceedings in the Courts to determine ownership or rights over a Lot. “knocked down”: when a Lot is sold to a Bidder, indicated by the fall of the hammer at the Sale. “lien”: a right for the person who has possession of the Lot to retain possession of it. “risk”: the possibility that a Lot may be lost, damaged, destroyed, stolen, or deteriorate in condition or value. “title”: the legal and equitable right to the ownership of a Lot. “tort”: a legal wrong done to someone to whom the wrong doer has a duty of care.
SALE OF GOODS ACT 1979 The following is an extract from the Sale of Goods Act 1979: “Section 12 Implied terms about title, etc (1)
In a contract of sale, other than one to which subsection (3) below applies, there is an implied term on the part of the seller that in the case of a sale he has a right to sell the goods, and in the case of an agreement to sell he will have such a right at the time when the property is to pass.
(2)
In a contract of sale, other than one to which subsection (3) below applies, there is also an implied term that(a)
the goods are free, and will remain free until the time when the property is to pass, from any charge or encumbrance not disclosed or known to the buyer before the contract is made, and
(b)
the buyer will enjoy quiet possession of the goods except in so far as it may be disturbed by the owner or other person entitled to the benefit of any charge or encumbrance so disclosed or known.
(3)
This subsection applies to a contract of sale in the case of which there appears from the contract or is to be inferred from its circumstances an intention that the seller should transfer only such title as he or a third person may have.
(4)
In a contract to which subsection (3) above applies there is an implied term that all charges or encumbrances known to the seller and not known to the buyer have been disclosed to the buyer before the contract is made.
(5)
In a contract to which subsection (3) above applies there is also an implied term that none of the following will disturb the buyer’s quiet possession of the goods, namely:
(5A)
(a)
the seller;
(b)
in a case where the parties to the contract intend that the seller should transfer only such title as a third person may have, that person;
(c)
anyone claiming through or under the seller or that third person otherwise than under a charge or encumbrance disclosed or known to the buyer before the contract is made.
As regards England and Wales and Northern Ireland, the term implied by subsection (1) above is a condition and the terms implied by subsections (2), (4) and (5) above are warranties.”
NTB/MAIN/01.16
International Salerooms, Offices and Associated Companies (• Indicates Saleroom)
UNITED KINGDOM London 101 New Bond Street • London W1S 1SR +44 20 7447 7447 +44 20 7447 7400 fax Montpelier Street • London SW7 1HH +44 20 7393 3900 +44 20 7393 3905 fax South East England Brighton & Hove 19 Palmeira Square Hove, East Sussex BN3 2JN +44 1273 220 000 +44 1273 220 335 fax Guildford Millmead, Guildford, Surrey GU2 4BE +44 1483 504 030 +44 1483 450 205 fax Isle of Wight +44 1273 220 000 Representative: Kent George Dawes +44 1483 504 030 West Sussex +44 (0) 1273 220 000 South West England Bath Queen Square House Charlotte Street Bath BA1 2LL +44 1225 788 988 +44 1225 446 675 fax Cornwall – Truro 36 Lemon Street Truro Cornwall TR1 2NR +44 1872 250 170 +44 1872 250 179 fax Exeter The Lodge Southernhay West Exeter, Devon EX1 1JG +44 1392 425 264 +44 1392 494 561 fax Winchester The Red House Hyde Street Winchester Hants SO23 7DX +44 1962 862 515 +44 1962 865 166 fax Tetbury 22a Long Street Tetbury Gloucestershire GL8 8AQ +44 1666 502 200 +44 1666 505 107 fax
Representatives: Dorset Bill Allan +44 1935 815 271 East Anglia Bury St. Edmunds 21 Churchgate Street Bury St Edmunds Suffolk IP33 1RG +44 1284 716 190 +44 1284 755 844 fax Norfolk The Market Place Reepham Norfolk NR10 4JJ +44 1603 871 443 +44 1603 872 973 fax
Scotland Edinburgh • 22 Queen Street Edinburgh EH2 1JX +44 131 225 2266 +44 131 220 2547 fax Glasgow 176 St. Vincent Street, Glasgow G2 5SG +44 141 223 8866 +44 141 223 8868 fax Representatives: Wine & Spirits Tom Gilbey +44 1382 330 256
Midlands
Wales
Knowle The Old House Station Road Knowle, Solihull West Midlands B93 0HT +44 1564 776 151 +44 1564 778 069 fax
Cardiff 7-8 Park Place, Cardiff CF10 3DP +44 2920 727 980 +44 2920 727 989 fax
Oxford Banbury Road Shipton on Cherwell Kidlington OX5 1JH +44 1865 853 640 +44 1865 372 722 fax
Austria Tuchlauben 8 1010 Vienna +43 (0) 1 403 0001 vienna@bonhams.com
Yorkshire & North East England Leeds 30 Park Square West Leeds LS1 2PF +44 113 234 5755 +44 113 244 3910 fax North West England Chester 2 St Johns Court, Vicars Lane, Chester, Ch1 1QE +44 1244 313 936 +44 1244 340 028 fax Manchester The Stables 213 Ashley Road Hale WA15 9TB +44 161 927 3822 +44 161 927 3824 fax Channel Islands Jersey La Chasse La Rue de la Vallee St Mary Jersey JE3 3DL +44 1534 722 441 +44 1534 759 354 fax Representative: Guernsey +44 1481 722 448
EUROPE
Belgium Boulevard Saint-Michel 101 1040 Brussels +32 (0) 2 736 5076 belgium@bonhams.com Denmark Henning Thomsen +45 4178 4799 denmark@bonhams.com France 4 rue de la Paix 75002 Paris +33 (0) 1 42 61 10 10 paris@bonhams.com Germany - Cologne Albertusstrasse 26 50667 Cologne +49 (0) 221 2779 9650 cologne@bonhams.com Germany - Munich Maximilianstrasse 52 80538 Munich +49 (0) 89 2420 5812 munich@bonhams.com Greece 7 Neofytou Vamva Street Athens 10674 +30 (0) 210 3636 404 athens@bonhams.com Ireland 31 Molesworth Street Dublin 2 +353 (0) 1 602 0990 dublin@bonhams.com Italy - Milan Via Boccaccio 22 20123 Milano +39 0 2 4953 9020 milan@bonhams.com Italy - Rome Via Sicilia 50 00187 Roma +39 0 6 48 5900 rome@bonhams.com
The Netherlands De Lairessestraat 154 1075 HL Amsterdam +31 (0) 20 67 09 701 amsterdam@bonhams.com Portugal Rua Bartolomeu Dias nº 160. 1º Belem 1400-031 Lisbon +351 218 293 291 portugal@bonhams.com Russia – Moscow Anastasia Vinokurova +7 964 562 3845 russia@bonhams.com Russia - St. Petersburg Marina Jacobson +7 921 555 2302 russia@bonhams.com Spain - Barcelona Teresa Ybarra +34 930 087 876 barcelona@bonhams.com Spain - Madrid Nunez de Balboa no 4-1A 28001 Madrid +34 915 78 17 27 madrid@bonhams.com Spain - Marbella James Roberts +34 952 90 62 50 marbella@bonhams.com Switzerland - Geneva Rue Etienne-Dumont 10 1204 Geneva +41 (0) 22 300 3160 geneva@bonhams.com Switzerland - Zurich Andrea Bodmer Dreikönigstrasse 31a 8002 Zürich +41 44 281 9535 zurich@bonhams.com
MIDDLE EAST Israel Joslynne Halibard +972 (0)54 553 5337 joslynne.halibard@ bonhams.com
NORTH AMERICA USA San Francisco • 220 San Bruno Avenue San Francisco CA 94103 +1 (415) 861 7500 +1 (415) 861 8951 fax Los Angeles • 7601 W. Sunset Boulevard Los Angeles CA 90046 +1 (323) 850 7500 +1 (323) 850 6090 fax New York • 580 Madison Avenue New York, NY 10022 +1 (212) 644 9001 +1 (212) 644 9007 fax
Representatives: Arizona Terri Adrian-Hardy +1 (480) 994 5362 California Central Valley David Daniel +1 (916) 364 1645 Colorado Julie Segraves +1 (720) 355 3737 Florida Palm Beach +1 (561) 651 7876 Miami +1 (305) 228 6600 Ft. Lauderdale +1 (954) 566 1630 Georgia Mary Moore Bethea +1 (404) 842 1500 Illinois Ricki Blumberg Harris +1 (773) 267 3300 +1 (773) 680 2881 Massachusetts Boston/New England Amy Corcoran +1 (617) 742 0909 Nevada David Daniel +1 (775) 831 0330 New Mexico Michael Bartlett +1 (505) 820 0701 Oregon Sheryl Acheson +1(503) 312 6023 Texas Amy Lawch +1 (713) 621 5988 Washington Heather O’Mahony +1 (206) 218 5011 Washington DC Mid-Atlantic Region Martin Gammon +1 (202) 333 1696 CANADA Toronto, Ontario • Jack Kerr-Wilson 20 Hazelton Avenue Toronto, ONT M5R 2E2 +1 (416) 462 9004 info.ca@bonhams.com Montreal, Quebec David Kelsey +1 (514) 341 9238 info.ca@bonhams.com
SOUTH AMERICA Brazil +55 11 3031 4444 +55 11 3031 4444 fax
ASIA Hong Kong • Suite 2001 One Pacific Place 88 Queensway Admiralty Hong Kong +852 2918 4321 +852 2918 4320 fax hongkong@bonhams.com Beijing Hongyu Yu Suite 511 Chang An Club 10 East Chang An Avenue Beijing 100006 +86(0) 10 6528 0922 +86(0) 10 6528 0933 fax beijing@bonhams.com Japan Akiko Tsuchida Level 14 Hibiya Central Building 1-2-9 Nishi-Shimbashi Minato-ku Tokyo 105-0003 +81 (0) 3 5532 8636 +81 (0) 3 5532 8637 fax akiko.tsuchida@bonhams. com Singapore Bernadette Rankine 11th Floor, Wisma Atria 435 Orchard Road Singapore 238877 +65 (0) 6701 8038 +65 (0) 6701 8001 fax bernadette.rankine@ bonhams.com Taiwan Summer Fang 37th Floor, Taipei 101 Tower Nor 7 Xinyi Road, Section 5 Taipei, 100 +886 2 8758 2898 +886 2 8758 2897 fax summer.fang@ bonhams.com
AUSTRALIA Sydney 97-99 Queen Street, Woollahra, NSW 2025 Australia +61 (0) 2 8412 2222 +61 (0) 2 9475 4110 fax info.aus@bonhams.com Melbourne Como House Como Avenue South Yarra Melbourne VIC 3141 Australia +61 (0) 3 8640 4088 +61 (0) 2 9475 4110 fax info.aus@bonhams.com
AFRICA Nigeria Neil Coventry +234 (0)7065 888 666 neil.coventry@bonhams.com South Africa Johannesburg Penny Culverwell +27 (0)71 342 2670 penny.culverwell@bonhams.com
G-NET12/01/16
Bonhams Specialist Departments 19th Century Paintings UK Charles O’ Brien +44 20 7468 8360 U.S.A Madalina Lazen +1 212 644 9108 20th Century British Art Matthew Bradbury +44 20 7468 8295 Aboriginal Art Francesca Cavazzini +61 2 8412 2222 African, Oceanic & Pre-Columbian Art UK Philip Keith +44 2920 727 980 U.S.A Fredric Backlar +1 323 436 5416 American Paintings Alan Fausel +1 212 644 9039 Antiquities Madeleine Perridge +44 20 7468 8226 Antique Arms & Armour UK David Williams +44 20 7393 3807 U.S.A Paul Carella +1 415 503 3360 Art Collections, Estates & Valuations Harvey Cammell +44 (0) 20 7468 8340 Art Nouveau & Decorative Art & Design UK Mark Oliver +44 20 7393 3856 U.S.A Frank Maraschiello +1 212 644 9059 Australian Art Merryn Schriever +61 2 8412 2222 Alex Clark +61 3 8640 4088 Australian Colonial Furniture and Australiana +1 415 861 7500 Books, Maps & Manuscripts UK Matthew Haley +44 20 7393 3817 U.S.A Christina Geiger +1 212 644 9094 British & European Glass UK Simon Cottle +44 20 7468 8383 U.S.A. Suzy Pai +1 415 503 3343
British & European Porcelain & Pottery UK John Sandon +44 20 7468 8244 U.S.A Peter Scott +1 415 503 3326 California & American Paintings Scot Levitt +1 323 436 5425 Carpets UK carpets@bonhams.com U.S.A. Hadji Rahimipour +1 415 503 3392
Furniture & Works of Art UK Guy Savill +44 20 7468 8221 U.S.A Andrew Jones +1 415 503 3413 Greek Art Olympia Pappa +44 20 7468 8314 Golf Sporting Memorabilia Kevin Mcgimpsey +44 131 240 2296 Irish Art Penny Day +44 20 7468 8366
Chinese & Asian Art UK Asaph Hyman +44 20 7468 5888 U.S.A Dessa Goddard +1 415 503 3333 HONG KONG +852 3607 0010 AUSTRALIA Yvett Klein +61 2 8412 2222
Impressionist & Modern Art UK India Phillips +44 20 7468 8328 U.S.A Tanya Wells +1 917 206 1685
Clocks UK James Stratton +44 20 7468 8364 U.S.A Jonathan Snellenburg +1 212 461 6530
Japanese Art UK Suzannah Yip +44 20 7468 8368 U.S.A Jeff Olson +1 212 461 6516
Coins & Medals UK John Millensted +44 20 7393 3914 U.S.A Paul Song +1 323 436 5455
Jewellery UK Jean Ghika +44 20 7468 8282 U.S.A Susan Abeles +1 212 461 6525 AUSTRALIA Anellie Manolas +61 2 8412 2222 HONG KONG Graeme Thompson +852 3607 0006
Contemporary Art UK Ralph Taylor +44 20 7447 7403 U.S.A Jeremy Goldsmith +1 917 206 1656 Entertainment Memorabilia UK +44 20 7393 3844 U.S.A Catherine Williamson +1 323 436 5442
Islamic & Indian Art Claire Penhallurick +44 20 7468 8249
Marine Art UK Veronique Scorer +44 20 7393 3962 U.S.A Gregg Dietrich +1 917 206 1697 Mechanical Music Jon Baddeley +44 20 7393 3872 Modern, Contemporary & Latin American Art U.S.A Alexis Chompaisal +1 323 436 5469
To e-mail any of the below use the first name dot second name @bonhams.com eg. charles.obrien@bonhams.com
Motor Cars UK Tim Schofield +44 20 7468 5804 U.S.A Mark Osborne +1 415 503 3353 EUROPE Philip Kantor +32 476 879 471
Scientific Instruments Jon Baddeley +44 20 7393 3872 U.S.A. Jonathan Snellenburg +1 212 461 6530
Automobilia UK Toby Wilson +44 8700 273 619 Adrian Pipiros +44 8700 273621
Silver & Gold Boxes UK Michael Moorcroft +44 20 7468 8241 U.S.A Aileen Ward +1 800 223 5463
Motorcycles Ben Walker +44 8700 273616 Native American Art Jim Haas +1 415 503 3294 Natural History U.S.A Claudia Florian +1 323 436 5437 Old Master Pictures UK Andrew Mckenzie +44 20 7468 8261 U.S.A Mark Fisher +1 323 436 5488 Orientalist Art Charles O’Brien +44 20 7468 8360 Photography U.S.A Judith Eurich +1 415 503 3259 Portrait Miniatures UK +44 20 7393 3986 Prints and Multiples UK Rupert Worrall +44 20 7468 8262 U.S.A Judith Eurich +1 415 503 3259 Russian Art UK Daria Chernenko +44 20 7468 8334 U.S.A Yelena Harbick +1 212 644 9136
Scottish Pictures Chris Brickley +44 131 240 2297
South African Art Giles Peppiatt +44 20 7468 8355 Sporting Guns Patrick Hawes +44 20 7393 3815 Travel Pictures Veronique Scorer +44 20 7393 3962 Urban Art Gareth Williams +44 20 7468 5879 Watches & Wristwatches UK Jonathan Darracott +44 20 7447 7412 U.S.A. Jonathan Snellenburg +1 212 461 6530 HONG KONG Nicholas Biebuyck +852 2918 4321 Whisky UK Martin Green +44 1292 520000 U.S.A Gary Durso +1 917 206 1653 HONG KONG Daniel Lam +852 3607 0004 Wine UK Richard Harvey +44 (0) 20 7468 5811 U.S.A Doug Davidson +1 415 503 3363 HONG KONG Daniel Lam +852 3607 0004
Modern Design Gareth Williams +44 20 7468 5879
SD12/11/15
Registration and Bidding Form (Attendee / Absentee / Online / Telephone Bidding) Please circle your bidding method above.
Paddle number (for office use only)
14 Small Electric Chairs Reversal Series
Sale date:
Sale no.
23718
Sale venue: New Bond Street
If you are not attending the sale in person, please provide details of the Lots on which you wish to bid at least 24 hours prior to the sale. Bids will be rounded down to the nearest increment. Please refer to the Notice to Bidders in the catalogue for further information relating to Bonhams executing telephone, online or absentee bids on your behalf. Bonhams will endeavour to execute these bids on your behalf but will not be liable for any errors or failing to execute bids.
This sale will be conducted in accordance with Bonhams’ Conditions of Sale and bidding and buying at the Sale will be regulated by these Conditions. You should read the Conditions in conjunction with the Sale Information relating to this Sale which sets out the charges payable by you on the purchases you make and other terms relating to bidding and buying at the Sale. You should ask any questions you have about the Conditions before signing this form. These Conditions also contain certain undertakings by bidders and buyers and limit Bonhams’ liability to bidders and buyers.
General Bid Increments: £10 - 200 .....................by 10s £200 - 500 ...................by 20 / 50 / 80s £500 - 1,000 ................by 50s £1,000 - 2,000 .............by 100s £2,000 - 5,000 .............by 200 / 500 / 800s £5,000 - 10,000 ...........by 500s
£10,000 - 20,000 .........by 1,000s £20,000 - 50,000 .........by 2,000 / 5,000 / 8,000s £50,000 - 100,000 .......by 5,000s £100,000 - 200,000 .....by 10,000s above £200,000 ...........at the auctioneer’s discretion
The auctioneer has discretion to split any bid at any time.
Data protection – use of your information Where we obtain any personal information about you, we shall only use it in accordance with the terms of our Privacy Policy (subject to any additional specific consent(s) you may have given at the time your information was disclosed). A copy of our Privacy Policy can be found on our website (www.bonhams.com) or requested by post from Customer Services Department, 101 New Bond Street, London W1S 1SR United Kingdom or by e-mail from info@bonhams.com.
Customer Number
Title
First Name
Last Name
Company name (to be invoiced if applicable) Address
Credit and Debit Card Payments There is no surcharge for payments made by debit cards issued by a UK bank. All other debit cards and all credit cards are subject to a 2% surcharge on the total invoice price. Notice to Bidders. Clients are requested to provide photographic proof of ID - passport, driving licence, ID card, together with proof of address - utility bill, bank or credit card statement etc. Corporate clients should also provide a copy of their articles of association / company registration documents, together with a letter authorising the individual to bid on the company’s behalf. Failure to provide this may result in your bids not being processed. For higher value lots you may also be asked to provide a bank reference.
City
County / State
Post / Zip code
Country
Telephone mobile
Telephone daytime
Telephone evening
Fax
Preferred number(s) in order for Telephone Bidding (inc. country code)
E-mail (in capitals) By providing your email address above, you authorise Bonhams to send to this address information relating to Sales, marketing material and news concerning Bonhams. Bonhams does not sell or trade email addresses.
I am registering to bid as a private buyer
If successful
I am registering to bid as a trade buyer
If registered for VAT in the EU please enter your registration here: Please tick if you have registered with us before
I will collect the purchases myself
/
Please contact me with a shipping quote (if applicable)
Telephone or Absentee (T / A)
11 February 2016
Sale title:
-
-
Please note that all telephone calls are recorded. Lot no.
MAX bid in GBP (excluding premium & VAT)
Brief description
Covering bid*
FOR WINE SALES ONLY Please leave lots “available under bond” in bond
I will collect from Park Royal or bonded warehouse
Please include delivery charges (minimum charge of £20 + VAT)
BY SIGNING THIS FORM YOU AGREE THAT YOU HAVE SEEN THE CATALOGUE AND HAVE READ AND UNDERSTOOD OUR CONDITIONS OF SALE AND WISH TO BE BOUND BY THEM, AND AGREE TO PAY THE BUYER’S PREMIUM, VAT AND ANY OTHER CHARGES MENTIONED IN THE NOTICE TO BIDDERS. THIS AFFECTS YOUR LEGAL RIGHTS.
Your signature:
Date:
* Covering Bid: A maximum bid (exclusive of Buyers Premium and VAT) to be executed by Bonhams only if we are unable to contact you by telephone, or should the connection be lost during bidding. NB. Payment will only be accepted from an account in the same name as shown on the invoice and Auction Registration form. Please email or fax the completed Auction Registration form and requested information to: Bonhams, Customer Services, 101 New Bond Street, London, W1S 1SR. Tel: +44 (0) 20 7447 7447 Fax: +44 (0) 20 7447 7401, bids@bonhams.com UK/06/14 Bonhams 1793 Limited. Montpelier Street, London SW7 1HH. Incorporated in England. Company Number 4326560.
14 Small Electric Chairs Reversal Series
101 New Bond Street, London, W1S 1SR